The work permit is a written authorization that allows a foreign national to work in Canada legally.

The work permit requirements depend on the nature of activity in Canada and the country of origin of the foreign worker (for example, under international trade agreement).  However, in most cases, the foreign national looking to work in Canada will require a temporary resident visa or eTA and a work permit. 

The two types of work permits are:

1.Open Work Permit, and Employer specific work permit. 

a. Open  work permit

The open work permit is not linked to a specific job, employer or location. An open work permit allows a foreign national to work in most jobs and change employers without IRCC’s approval. However, certain restrictions do apply. 

An officer may issue one of the two types of open work permits with or without occupational restrictions depending on applicants medical status. 

• Unrestricted – It is generally issued to foreign national who has passed his medical examination. The unrestricted permit allows the applicant to work in any occupation for any employer at any location.

Restricted: It is generally issued to foreign national who has not passed his medical examination. This permit allows the applicant to work for an unspecified employer; however, the occupation is restricted due to public health reasons.

b. Employer specific Work permit. 

An employer-specific work permit will only allow you to work for specific employers according to the permit’s conditions. 

The working conditions include the name of the employer, duration and location of work. 

2.What are the eligibility requirements for work permit applicants?

The specific eligibility requirements depend on where you are and when the application is submitted. 

• Prove that you will leave Canada when work permit expires.
• Show that you have sufficient funds for yourself and your family.
• No criminal background (police clearance certificate may be required)
• Do not pose any danger to Canada’s security.
• Be in good health and get a medical exam if needed.
• Do not plan to work for ineligible employers.
• Do not work for an employer who, regularly, offers striptease, erotic dance, escort services or erotic massages; and
• Provide all the documents requested by an officer to prove that you are fit to enter Canada.

3.Where can I make an application for an open work permit?

The application for an open work permit can be made before arrival, at the port of entry or after arrival. 

4.I am an international student and COMPLETED my mast/er’s degree programme from a DLI (Designated Learning Institute). Can I apply for the work permit?

Yes, if you have completed your graduation from a DLI, you may be eligible for PGWP (post-graduate work permit).

5. Do I need a job offer to immigrate to Canada as a PR?

Having a Job offer will increase the chances of getting an invitation to apply when applying through the express entry system; however, it is not mandatory to have a job offer to immigrate to Canada as a PR. 

6. I am a news reporter from India. Do I need to obtain a work permit to work in Canada?

A news reporter’s occupation is in the categories of exempt from needing a temporary work permit. 

Following workers do not need a temporary work permit to work in Canada :

• Business Visitors
• Diplomats
• Foreign Athletes:
• military personnel
• crew members
• clergy
• performing artists
• public speakers
• news reporters
• expert witnesses, examiners, and evaluators and
• students who are engaging in part-time work on campus.

 

7. I am currently working in Canada. Can I convert my work visa into a PR?

Suppose you are already working in Canada, and your application for PR has received a positive eligibility assessment. In that case, you may be eligible to apply provided you work visa has an expiry of 4 months or less. To qualify you must apply under one of the following :

1. FSW Program
2. Canadian Experience Class.
3. PNP (provincial nominee program)
4. Federal skills trades program or
5. On humanitarian and compassionate grounds.

8. What are the general requirements for employers under TFWP?

The general requirements for employers are as following :

• Must be actively engaged in the business where the TFW will be employer must have an operating /functioning company, providing either a good or a service related to the job offer made to the TFW.
• Must obtain LMIA and demonstrate that they have made extensive efforts to find suitable Canadian or PR candidates and that none are available to fill the position in question.
• Employers must bear $ 1000 for each position requested to cover the cost of processing the LMIA applications.
• After receiving positive LMIA from ESDC, must provide employer contract to foreign worker applicant.

9. l am a business visitor engaged in international business activity in Canada. Do I need a work permit if I plan to visit Canada for less than six months?

As a foreign worker who seeks to engage in Canada’s international business activities without directly entering the Canadian labour market, you do not need a work permit is not required if the duration of your stay is less than six months. However, you must apply for a work permit if you plan to stay longer than six months. 

10.I am visiting Canada to conduct research for new software device that can help Canadian employers. Do I need to obtain a work permit?

You are not required to obtain a work permit for the following reasons.

• No Canadian employer is contracting for your services.
• Source of remuneration remains outside Canada.

You, therefore, satisfy business visitor criteria which exempt you from having to obtain a work permit. 

11.What are my rights as a foreign worker?

Foreign workers should take note that employers are not allowed to:

• Prevent the foreign worker from leaving the work site after work.
• Remove a passport or work permit.
• Abuse the worker physically, sexually or psychologically.
• Threaten the worker.
• Coach the worker into misleading IRCC and other Canadian authorities.

12.My work permit is about to expire, when should I submit my renewal application?

The renewal application must be made before the expiry of the current work permit and must be made 30 days before the expiry date. 

13.I have applied for work permit renewal, before the expiry of my work permit. Can I continue working?

If your work permit expires before your application’s decision is being made, you are considered to have implied status and can continue working.