When in Canada, a worker may need to obtain authorization to work, a work permit, to do the job they wish. Although there are certain jobs exempt from a work permit, most occupations do require a work permit to work in Canada. A Temporary Foreign Work Permit lets employees obtain employment offered by employers who hire foreign workers to fill temporary labour and skill shortages.
The LMIA and Work Permit:
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. To obtain the LMIA, the employer may need to show that there is no Canadian citizen or permanent resident available to fill the job position, furthermore, it shows the need for a foreign worker.
Upon an employer obtaining a positive LMIA, the foreign worker may proceed with a Work Permit application for the job.
LMIA Exempt jobs:
Some jobs are LMIA exempt in Canada, these may include:
- Jobs covered by international agreements (NAFTA or GATS)
- Significant investors
- Jobs that support the “Canadian interest”
- Bring a “significant benefit” to Canada
- Reciprocal employment
- Designated by the Minister
- Charity and religious work
Open Work Permit:
Foreign nationals exempt from a Labour Market Impact Assessment (LMIA) may be eligible to apply for an open work permit. Some qualified foreign nationals may include:
Refugee Claimants and protected persons
- Applicant under an International Mobility Program
- Destitute Students (based on Humanitarian reasons)
- Temporary Resident Permit holders
- Family members of foreign representatives
- Spouses of skilled workers
- Spouses of foreign students
- Qualifying foreign nationals who are presently in Canada and have submitted an application for permanent residence under an economic class.
Frequently asked questions:
Q: Employees of a company are on strike, can this employer hire me?
A: Maybe. Due to Section 200(3)(c) of the Immigration and Refugee Protection Regulations, it is unlawful for employers use foreign workers (FWs) as a method to end a strike. However, there is an exception to this, a work permit may be issued if all or almost all of the workers on strike are not Canadian permanent residents or citizens.
Q: Do I need to speak English to work in Canada?
A: The Immigration and Refugee Protection Regulations, Section 200(3)(a) states that: "An officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought."