Close Work Permit

What is a Closed Work Permit?

A closed work permit restricts the foreign worker to employment with the specific employer who obtained the permit on their behalf. It includes details such as the name of the employer, job location, and job description. Unlike open work permits, closed work permits are generally contingent on a Labour Market Impact Assessment (LMIA) unless the position is LMIA-exempt.

When is a Closed Work Permit Required?

A closed work permit is required for most positions under the Temporary Foreign Worker Program (TFWP) and other specific job categories where an LMIA is necessary.

An LMIA is a document issued by Employment and Social Development Canada (ESDC) that an employer in Canada needs to obtain before hiring a foreign worker. It serves as proof that there is a need for a foreign worker to fill the job and that no Canadian worker is available.

Application Process for a Closed Work Permit

  1. Job Offer and LMIA (if applicable)
  • Obtain a job offer from a Canadian employer.
  • Ensure the employer has a positive LMIA (if required).
  1. Gather Required Documents
  • Valid passport.
  • Copy of the job offer.
  • Copy of the LMIA (if applicable).
  • Proof of qualifications and experience.
  • Medical examination results (if required).
  • Police clearance certificate (if required).
  1. Submit Application
  • Applications can be submitted online, at a visa application center, or at a port of entry (for eligible applicants).
  • Pay the required fees, which typically include a processing fee.
  1. Biometrics
  • Provide biometrics (fingerprints and photo) if required.
  1. Processing and Decision
  • Wait for the application to be processed. Processing times vary depending on the applicant’s country of residence and the type of permit.
  • If approved, the closed work permit will be issued, specifying the employer, job role, and location.

Important Considerations

  1. Validity and Duration
  • The duration of a closed work permit usually matches the duration of the job offer, up to a maximum of two years. Extensions are possible if the job continues and the employer obtains a new LMIA (if applicable).
  1. Changing Employers
  • To change employers, a new closed work permit application is required, along with a new LMIA (if applicable).
  1. Working Conditions
  • Employers must adhere to Canadian labor laws, ensuring fair wages, safe working conditions, and compliance with employment standards.
  1. Healthcare and Benefits
  • Eligibility for provincial healthcare coverage varies by province. Some provinces offer immediate coverage, while others may have a waiting period.

Compliance and Employer Obligations

Employers hiring foreign workers under a closed work permit must:

  • Comply with the terms and conditions set out in the LMIA and work permit.
  • Keep detailed records of recruitment and employment.
  • Inform ESDC of any significant changes in the foreign worker’s employment.
  • Ensure the foreign worker’s wages and working conditions meet Canadian standards.

Advantages of a Closed Work Permit

  1. Job Security
    • Provides job security as the permit is tied to a specific employer and position.
  2. Pathway to Permanent Residence
    • Can be a stepping stone towards permanent residence through various immigration programs like the Provincial Nominee Program (PNP) or Express Entry.

How to Apply for a Canadian Temporary Work Permit

Foreign nationals aiming to work in Canada typically need to obtain a work permit. This guide details the step-by-step process to apply for a Canadian Temporary Work Permit, ensuring you understand the eligibility criteria, required documents, and application procedures. Let’s dive into the essential steps to embark on your Canadian work journey.

Step 1: Determine If You Require a Work Permit

Not all jobs in Canada require a work permit. Some positions are exempt, allowing foreign nationals to work without this document. Here’s a list of such roles:

Jobs Exempt from a Work Permit:

  • Athlete or Coach: Foreign athletes or coaches part of a competition in Canada.
  • Aviation Accident or Incident Investigator: Accredited agents or advisors investigating aviation incidents under the Transportation Accident Investigation and Safety Board Act.
  • Business Visitor: Individuals visiting Canada for business activities but not entering the Canadian labor market.
  • Civil Aviation Inspector: Inspectors checking flight operations or cabin safety during international flights.
  • Convention Organizer: Organizers of international meetings or conventions.
  • Crew Member: Truck drivers, bus drivers, or shipping and airline workers.
  • Emergency Service Provider: Individuals aiding in emergencies, such as natural disasters or industrial accidents.
  • Examiner and Evaluator: Professors or academic experts evaluating projects or research.
  • Expert Witness or Investigator: Individuals giving evidence before regulatory bodies or courts.
  • Family Member of Foreign Representative: Spouses or children of accredited foreign representatives.
  • Foreign Government Officer or Representative: Diplomats or officials under exchange agreements.
  • Healthcare Student: Students in clinical clerkships.
  • Judge, Referee, or Similar Official: Officials at international competitions.
  • Military Personnel: Military staff under the Visiting Forces Act.
  • News Reporter or Film and Media Crew: Journalists not entering the Canadian labor market.
  • Producer or Staff Member Working on Advertisements: Film crew members working on foreign-financed projects.
  • Performing Artist: Artists performing in Canada for a limited time.
  • Public Speaker: Speakers at short-term events.
  • Religious Leader: Missionaries and other religious leaders.
  • Short-Term Highly-Skilled Worker: Professionals in Canada for up to 15 days once every six months.
  • Short-Term Researcher: Researchers working for 120 days or less.
  • Student Working Off-Campus: Full-time students working up to 20 hours per week.
  • Student Working On-Campus: Full-time students working on campus.

Even if a work permit isn’t required, legal entry into Canada is necessary, such as through a temporary resident visa.

Step 2: Determine Eligibility for a Canadian Work Permit

Eligibility for a Canadian Temporary Work Permit depends on various factors, including the applicant’s location and specific conditions. Here’s what you need to know:

General Eligibility Requirements:

  • Intent to Leave: Prove your intention to leave Canada when the permit expires.
  • Financial Support: Show you have sufficient funds for yourself and family members during your stay and for your return.
  • Law Abidance: No criminal record and adherence to Canadian laws.
  • Health Requirements: Be in good health and pass a medical exam if required.
  • Job Restrictions: Ensure you do not plan to work for ineligible employers or in certain prohibited industries.

Step 3: Apply Online or On Paper

Due to COVID-19, most applicants must apply online. This allows for the efficient uploading of required documents and adherence to safety measures.

Application Steps:

  1. Create an Account: Register online with the IRCC.
  2. Complete Forms: Fill out the necessary application forms.
  3. Upload Documents: Scan and upload all required documents.
  4. Pay Fees: Submit the application fee online.

Step 4: Obtain a Positive Labour Market Impact Assessment (LMIA)

In many cases, employers must secure a positive LMIA from Employment and Social Development Canada (ESDC) before hiring a foreign worker. This document shows the need for a foreign worker and that no Canadian is available for the job.

LMIA-Exempt Jobs:

  • Jobs under international trade agreements.
  • Roles under accords between federal and provincial/territorial governments.
  • Positions deemed in the best interest of Canada.

Step 5: Obtain a Temporary Job Offer

Foreign nationals must have a temporary job offer from a Canadian employer. The job offer letter should include:

  • Job Title
  • Duties and Responsibilities
  • Qualifications: Education, credentials, and experience.
  • Employment Details: Start and end dates, salary, employer’s name and address, workplace location.

Step 6: Gather Required Documents and Forms

Ensure you have all necessary documents:

  • Passport Copy: Information page with personal details.
  • Photos: Two passport-sized photos.
  • Proof of Status: Current immigration status.
  • Marriage Certificate: If applicable.
  • Job Requirements Proof: Relevant to the job offer.
  • LMIA: Copy of the LMIA, if required.
  • Educational Credentials: Diplomas, certificates, or degrees.

Step 7: Pay Fees

The application fee is $155. Groups of performing artists (more than three persons) have a capped fee of $465.

Step 8: Submit the Application

Submit your application online or at a Visa Application Centre (VAC). Ensure you follow all health and safety protocols during the pandemic.

FAQs

Do I need a work permit to work in Canada? It depends on your job. Certain roles, such as athletes, business visitors, and emergency service providers, do not require a work permit.

What are the general eligibility requirements for a Canadian work permit? You must prove your intention to leave Canada after your permit expires, have sufficient funds, obey the law, be in good health, and not plan to work for ineligible employers.

How do I apply for a Canadian work permit? You can apply online by creating an account with the IRCC, completing the necessary forms, uploading required documents, and paying the application fee.

What is an LMIA, and do I need one? A Labour Market Impact Assessment (LMIA) shows the need for a foreign worker. Employers must obtain a positive LMIA for many job roles, although some jobs are exempt.

What documents are required for a work permit application? Required documents include a passport copy, photos, proof of status, marriage certificate (if applicable), job requirements proof, LMIA, and educational credentials.

What is LMIA?

An LMIA is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labor market. It ensures that there is a genuine need for a foreign worker and that no Canadians or permanent residents are available to fill the position.
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.
A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.
If the employer needs an LMIA, they must apply for one.
Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs
a job offer letter
a contract
a copy of the LMIA, and
the LMIA number

When is LMIA Required?

An LMIA is typically required for most temporary foreign worker positions under the Temporary Foreign Worker Program (TFWP). However, certain categories of work permits under the International Mobility Program (IMP) are exempt from the LMIA requirement due to international agreements, Canadian interests, or other factors.

LMIA Application Process

  1. Job Advertisement: Employers must advertise the job in the Canadian labor market for at least four weeks to demonstrate that they have made efforts to hire a Canadian citizen or permanent resident.
  2. Application Submission: Employers submit an LMIA application to ESDC, including details about the job offer, recruitment efforts, and the impact on the labor market.
  3. Assessment: ESDC assesses the application based on several criteria, including the employer’s business legitimacy, the wage and working conditions offered, and the potential benefits or impacts on the Canadian labor market.
  4. Decision: If the LMIA is approved, ESDC issues a positive LMIA, which allows the employer to proceed with hiring the foreign worker. If denied, the employer must address any deficiencies or consider other options.

Positive vs. Negative LMIA

  • Positive LMIA: Indicates that there is a need for a foreign worker to fill the job and that no Canadian worker is available. This allows the foreign worker to apply for a work permit.

Negative LMIA: Indicates that the position can be filled by a Canadian worker, so the employer cannot hire a foreign worker.

High-Wage Workers

If an employer wishes to hire a temporary foreign worker who will be paid at or above the median hourly wage of their province or territory then the employer must apply through the TFWP stream for high-wage workers. The first step in this process requires the employer to obtain a Labour Market Impact Assessment (LMIA) demonstrating that they were unable to find a Canadian citizen or permanent resident to fill the position.

Once an employer is issued a positive LMIA for a high-wage skilled position, they must inform the foreign worker of the LMIA results and notify them that they must apply for their authorization to work in Canada prior to the expiration of the LMIA. Once a high-wage worker receives a positive LMIA from an employer alongside their official signed employment contract, they may apply for authorization to work in Canada either through a work permit application or a permanent residency application, depending on their eligibility.

Low-Wage Workers

If an employer wishes to hire a temporary foreign worker who will be paid less than the median hourly wage of their province or territory then the employer must apply through the TFWP stream for low-wage workers. The first step in this process requires the employer to obtain a Labour Market Impact Assessment (LMIA) demonstrating that they were unable to find a Canadian citizen or permanent resident to fill the position.

Employers should note that LMIAs for low-wage workers require employers to meet certain stipulations to ensure the workplace rights and safety of low-wage non-resident workers. Once an employer is issued a positive LMIA for a low-wage skilled position, they must inform the foreign worker of the LMIA results and notify them that they must apply for their authorization to work in Canada prior to the expiration of the LMIA.

Work Permit Application

With a positive LMIA, the foreign worker can apply for a work permit. The application includes the job offer letter, the contract, a copy of the LMIA, and the LMIA number. The work permit allows the foreign worker to legally work in Canada for the employer.

LMIA-Exempt Categories

Certain categories of workers are exempt from requiring an LMIA. These include:

  • Intra-company transferees
  • Professionals under international agreements like NAFTA (now USMCA)
  • Participants in exchange programs
  • Spouses of skilled workers or international students

LMIA for Permanent Residence

A positive LMIA can also support an application for permanent residence through programs like the Federal Skilled Worker Program (FSWP) under Express Entry. It validates the job offer and boosts the Comprehensive Ranking System (CRS) score of the applicant.

LMIA Processing Time and Costs

  • Processing Time: Varies depending on the stream and current processing volumes, typically ranging from a few weeks to a couple of months.

Costs: Employers must pay a processing fee, which as of 2024 is CAD 1,000 per position. Some streams, like those hiring caregivers, may have different fee structures.

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