cosima@mcdonaldimmigration.ca

437-353-0500

WORK PERMIT

A Canadian work permit allows you to work under a specific employer (employer-specific work permit) or with any employer (open work permit) in Canada. As a foreign national, you’ll require a work permit before working in Canada, with a few exceptions.

What is work?
Work is defined as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. Wages or commission includes salary or wages paid by an employer to an employee, remuneration or commission received for fulfilling a service contract, or any other situation where a foreign national receives payment for performing a service.

What is not considered work?
Examples of activities for which a person would not normally be remunerated, or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market, and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:

  • volunteer work for which a person would not normally be remunerated
  • unremunerated help by a friend or family member during a visit
  • long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada
  • self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians

Outside Canada Applications
The following persons must apply outside Canada:

  • all persons who require a temporary resident visa
  • all persons who require an Electronic Travel Authorization (eTA);
  • all persons who require a medical examination, whether TRV-required or visa-exempt, unless valid medical examination results are available at the time of entry
  • international youth exchange program participants other than U.S. citizens or permanent residents (with exemptions)
  • seasonal agricultural workers
  • live-in caregivers

Point of Entry Applications
Some workers can apply at the time of their entry to Canada if the following applies:

  • they are exempt from the requirement for a temporary resident visa and their job falls within the International Mobility Program
  • they are exempt from the requirement for a temporary resident visa and their job falls within the Temporary Foreign Worker Program (i.e., they are required to obtain an LMIA) and a positive or neutral LMIA has been issued by the time they arrive
  • they are a national or permanent resident of the U.S., Greenland or Saint-Pierre and Miquelon
  • they will not be working as a live-in caregiver or as a seasonal agricultural worker
    In addition to the above, the foreign national must have completed their immigration medical examination, if required, before their arrival.

In-Canada Applications
The following persons may apply from within Canada:

  • holders of work or study permits and their family members
  • persons currently working in Canada, not requiring a work permit, and who are applying for secondary employment in Canada as long as they are not business visitors
  • holders of temporary resident permit valid for a minimum of six months and their family members
  • refugee claimants and persons subject to an unenforceable removal order
  • in-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident status: live-in caregiver, spouse or common-law partner, protected persons, persons filing an application on humanitarian and compassionate grounds
  • persons whose work permits were authorized by a mission abroad, where the permit was not issued at a port of entry
  • traders or investors, intra-company transferees or professionals under the Canada-United States-Mexico Agreement (CUSMA).
  • foreign nationals who have the written permission of the Department of Foreign Affairs, Trade and Development to work at a foreign mission (embassy, consulate or high commission) in Canada.

There are 2 types of work permits: open work permits and employer-specific work permits.

An open work permit enables a person to work for any employer for a specified period of time. There are two types of open work permits:

  • unrestricted (allowing foreign nationals to work in any occupation and location)
  • restricted (restricting the occupation or the location)

Open work permits may be issued with the following:

  • occupational restrictions, depending on the applicant’s medical status
  • location restrictions, depending on the category (such as a bridging open work permit under the provincial nominee class)

An employer-specific work permit allows you to work according to the conditions on your work permit, which include:

  • the name of the employer you can work for
  • how long you can work
  • the location where you can work (if applicable)

Spousal Open Work Permit
If you’re a spouse or family member of someone working or studying temporarily in Canada, you may be eligible for an open work permit. The person being sponsored under Spousal Sponsorship class may be eligible for an Open Work Permit as well, authorizing them to work for any organization in Canada while the sponsorship application is being processed.

Interested in working in Canada?