Work Permit for skilled Workers
If you want to work in Canada, you must understand the following important information:
Your employer may need to get a labour market opinion (LMO) from Human Resources and Social Development Canada (HRSDC). An LMO confirms that there is no Canadian or permanent resident available, and the employer can fill the job with a foreign worker.
Some jobs do not require an LMO. Find out if you need one.
You must meet the general requirements for entering the country, for staying in Canada and for getting a work permit. This means you may also need a temporary resident visa. Learn more about temporary resident visas.
A work permit is not an immigration document. It does not allow you to live in Canada permanently. To live in Canada permanently, you must qualify under an immigration category, such as a skilled worker. Learn more about immigrating to Canada.
Live–in caregivers who meet certain requirements can apply to stay in Canada permanently.
Your spouse or common-law partner and your dependent children may apply to come to Canada with you.
In order to work in Canada on a temporary basis, foreign skilled workers must have a temporary offer of employmentfrom a Canadian employer and be granted a Temporary Work Permit by Human Resources and Skills Development Canada (HRSDC). There are several steps to this process.
Step 1: Employer applies for Labour Market Opinion, if necessary
Step 4: Work Permit is issued
Step 2: Employer extends Temporary Job Offer
Step 3: Foreign Skilled Worker applies for Work Permit
Before a Canada Work Permit can be issued, the Canadian employer who wishes to hire temporary foreign workers may need to apply for and be granted a positive Labour Market Opinion (LMO) by HRSDC. HRSDC will grant a positive LMO if they are satisfied that there is no Canadian worker available to do the job.
Work Permits may be issued by Canadian immigration officials without the LMO requirement in a limited number of situations, as follows:
Under international agreements, such as the North American Free Trade Agreement (NAFTA);
Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
So that international students studying in Canada can fulfill academic requirements, known as co-op placements;
To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;
Because the nature of the work is charitable or religious;
In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.
Once the LMO is granted, the Canadian employer can extend a temporary job offer to the foreign skilled worker. The employer must send a copy of the positive LMO along with a detailed job offer letter to the foreign skilled worker.
With these documents, the foreign skilled worker can apply to HRSDC for a Canada Temporary Work Permit. If the Canadian employer that is hiring is in the province of Quebec, the foreign skilled worker may also need to obtain aCertificat d'acceptation du Québec (CAQ) in order to work temporarily in Quebec.
A Canada Border Services Agency (CBSA) officer will issue the Canada Temporary Work Permit at the point of entry when the foreign worker arrives in Canada.
Depending upon the foreign worker's country of citizenship, a Temporary Resident Visa (TRV) may also need to be obtained in order to enter Canada.
Apply for a work permit
Find out if you are eligible to apply for a work permit. You normally have to apply for a work permit from outside Canada. Sometimes, you can apply as you enter Canada or from inside Canada, but many of the requirements are the same.
The requirements and processing times depend on the kind of work you will do when you come to Canada.
If your family members want to work in Canada
If you are authorized to work in Canada, your accompanying family members may also be able to work in this country by virtue of the permit you were issued. No other authorization is required. If they intend to work while in Canada, your accompanying family members should find out if they are eligible for an “open” work permit.
Open work permits allow them to work in any job with any employer. An open work permit also means that they may be hired without the employer having to obtain an LMO (the normal authorization required). Certain jobs may require medical checks or licensing from professional organizations. Accompanying family members’ work permits will be valid for no longer than the duration of your own work permit.
Typically, your spouse’s eligibility for an open work permit depends on the skill level of your job. If the job you are doing is listed as a National Occupational Classification (NOC) 0, A or B, your spouse or common-law partner could be eligible for an open work permit. You must also be authorized to work in Canada for a period of at least six months.
If you are working in an occupation that requires a lower level of formal training, your spouse may also be eligible for an open work permit through an active pilot project. Find out more.
In addition, your dependent children may be eligible for an open work permit through an active pilot project. Find out more.
Accompanying family members must always apply for their own work permits. They should apply for one at the same time as you, before entering Canada. Should the decision to work occur only after their arrival in Canada, they can apply once they are in this country.
If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including the following:
A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
A copy of one of your pay slips.