Work Permits

One usually needs a work permit to work in Canada except in certain cases, one might be able to work without a permit. Generally speaking, there are two types of work permits.

Employer Specific Work Permit: Under this permit, you work in Canada according to the conditions on your work permit, such as the name of the specific employer you can work for, how long you can work in Canada, and the location where you can work (if applicable). Before you submit your application for an employer-specific work permit, the employer who wants to hire you must complete certain steps and give you either a copy of a Labour Market Impact Assessment or an offer of employment number to include in your application.

One usually needs a work permit to work in Canada except in certain cases, one might be able to work without a permit. Generally speaking, there are two types of work permits.

Open Work Permit: It is a type of work permit that allows you to work for any employer in Canada. You can only get an open work permit in specific situations.

If you are not sure which type of work permit you need, contact us and we will help you choose what type of work permit will be best suited for your situation.

LMIA-Based Work Permit

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada usually needs to get before hiring a foreign worker. A positive LMIA is a written confirmation that there is a need for a foreign worker to fill the job. A positive LMIA is sometimes called a confirmation letter.

LMIA is issued by Employment and Social Development Canada (ESDC) and its application process depends on which of the following type of program a temporary foreign worker is intended to be hired:

high-wage workers
low-wage workers
workers through the Seasonal Agricultural Worker Program
workers through the Agricultural Stream
the permanent residency of a foreign worker

LMIA application process is a cumbersome undertaking as it involves completing many meticulous steps. An employer must comply with all the Temporary Foreign Worker Program requirements for the position being requested which includes demonstrating that the business and job offer are legitimate.

A well laid out transition plan valid for the duration of the employment of the temporary foreign worker is a mandatory requirement to hire temporary foreign workers in high-wage positions. Also, there is a need to demonstrate that minimum

Bridging Open Work Permit (BOWP)

A bridging open work permit (BOWP) lets you keep working while you wait for the results of your permanent residence application.

You may be eligible if you applied to one of the permanent residence programs below:

Permanent residence using Express Entry
Provincial Nominee Program (PNP)
Home Child-care Provider Pilot or Home Support Worker Pilot
Caring for children class or caring for people with high medical needs class
Agri-Food Pilot

Eligibility parameters for BOWPs

An application for BOWP can be made if you:

are currently in Canada
have valid status on a work permit that is due to expire within the next 4 months
are the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC, the AFP or 1 of the 2 caregiver classes
have completed one of the following APR stages:
- electronic application for permanent residence (e-APR) submitted under Express Entry has passed the section 10 of the Immigration and Refugee Protection Regulations (IRPR) completeness check; or
- receipt of a positive eligibility assessment on their paper APR submitted by mail under one of the economic classes above
have applied for an open work permit
have paid the work permit processing fee and the open work permit holder fee
have provided, as applicable, evidence that their provincial nomination is unrestricted (for example, nomination certificate)

Completeness check:

If an application for permanent residence has been submitted using Express Entry, the applicant may apply for a BOWP. However, a decision on the application is not made until the application has passed completeness test in accordance with section R10.

Before issuing a BOWP, applications are reviewed and a determination is made that the application meets the requirements of a complete application, as described in sections R10 and R12.01. If the e-APR is incomplete, the application for a BOWP will be refused.

Issuing authority: BOWP is issued under the authority of paragraph R205(a) and coded as follows:

LMIA exemption code: A-75
NOC: 9999
Intended Occupation: open
Case Type: 27 – Under examination
Duration: 12 months

Subsequent requests from applicants to extend their stay on an open work permit are to be considered on a case‑by‑case basis.