Visa

International students who complete a post-secondary education in Canada are eligible to apply for a Post Graduate Work Permit.  This permit is an Open Work Permit allowing them to work in ANY job, without restrictions. An LMIA or a confirmation of job offer are not needed to apply for a Post Graduate Work Permit.

In-Canada applicants who have made an application to immigrate to Canada under either the Federal Skilled Worker (FSW) Class, the Federal Skilled Trades (FST) Class, the Canadian Experience Class (CEC) or one of the Provincial Nominee Programs (PNP) may be considered for a bridging open work permit if their current work permit is due to expire (within four months). A foreign worker legally working in Canada who has made, or will soon make, an application for permanent residence under one of these immigration programs may then continue to work until a decision is made on his or her application for permanent residence.

To be eligible for a bridging open work permit, the following parameters must be met:

• The foreign national is currently in Canada
• He or she has valid status on a work permit that is due to expire within four months
• He or she is the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP
• He or she received a positive eligibility assessment on his or her application
• He or she has made an application for an open work permit

Please note that a foreign national does not qualify for a bridging work permit if:

• He or she has let his or her status expire
• His or her work permit is valid for longer than four months and/or he or she has a new LMIA that can be used as the basis for a new work permit application
• He or she is applying for a bridging work permit at the port of entry
• He or she is the spouse or dependent of the principal permanent resident applicant
• He or she is a provincial nominee who has not submitted a copy of his or her nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions.

An Open Work Permit (OWP) authorizes a foreigner to work in Canada in any job without restrictions.  The holder of an OWP does not need an LMIA or confirmation of employment first.  Once issued an OWP, the holder can apply and work in any job/occupation in Canada.

Foreigners that are eligible for an Open Work permit:

• Spouse/common-law partner being sponsored for Permanent Residence through an Inland Spousal Application
• Spouse/common-law partner of a Temporary Foreign Worker
• Spouse/common-law partners of International Students studying in Canada
• International Students who recently graduated from a Canadian post-secondary institution and are eligible for the Post-Graduation Work Permit Program can apply for a Post-Graduation Open Work Permit
• International Experience Canada (IEC) Candidates  (Working Holiday).

The need for LMIA is waived in below situations:

• International Agreements such as NAFTA, Canada-Chille FTA, Canada Peru FTA, Canada-Columbia FTA.
• Intra-Company Transferees: Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.
• International Exchange Programs: Such as International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA. This program is designed for young individuals between 18 – 35 to come to Canada and work on a temporary basis (1 or 2 years).
• Dependents Of Foreign Workers: Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position (NOC 0,A and B) do not require a LMIA when applying for an Open Work Permit (OWP).
• Religious workers: A foreign national may work in Canada without a LMIA when the main duties are “spiritual”.
• Academics: This includes researchers, guest lecturers, and visiting professors.
• C-11 Work Permit: For business owners that own a business in Canada can apply for work permit without LMIA for themselves.

In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers. In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required.

LMIA applications should show the following:

• Efforts made to recruit available Canadian citizens/permanent residents
• Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region
• Working conditions for the occupation meets the current provincial labour market standards
• Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge
• Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.
  The positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one year if granted.