We assist our clients who want to apply for a work permit from inside Canada by helping them to determine whether they are eligible to proceed accordingly.
The following persons may apply for a work permit from within Canada:
- holders of a valid study or work permit and their family members
- those who have graduated from a program at a Canadian university, community college, CÉGEP, publicly funded trade/technical school, or other eligible school;
- holders of a temporary resident permit that is valid for six months or more;
- individuals who applied inside Canada for permanent residence (i.e. spouse or common-law partner, humanitarian and compassionate considerations and/or protected persons);
- individuals who have a work permit for one job but want to apply for a work permit for a different job;
- individuals who have has for refugee status in Canada and are waiting for a decision from the Refugee Protection Division of the Immigration and Refugee Board of Canada; or
- those that have had their refugee claim turned down by the Refugee Protection Division but cannot be removed from Canada for reasons beyond their control; or
To apply for a work permit, they must have in their possession the following documents:
- a job offer from a Canadian employer (in most cases);
- a complete application showing that they meet the requirements of the IRPA and the Regulations; and,
- a LMIA from ESDC confirming that the employer can hire a foreign worker to fill the job.
Some clients may be exempt from the requirement to obtain a job offer and/or a LMIA, depending on their situation and the type of work they wish to pursue.
If our clients would like to apply for a work permit from outside Canada are eligible to do so by submitting the following documents to the IRRC, which we can assist them with:
- a job offer from a Canadian employer;
- a completed application that shows that they meet the requirements of the immigration statute IRPA and Regulations; and,
- a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) confirming that a Canadian employer can hire a foreign worker to fill the job.
Some clients may be exempt from the requirement to obtain a job offer and/or a LMIA, depending on their situation and the type of work they wish to pursue.
Clients who want to apply for a work permit from outside Canada may use our firm’s advice in complying with the mandatory requirements, including:
- to satisfy a visa officer that they will leave Canada at the end of their work permit;
- to show that they have enough money to support themselves and their family while they are in Canada;
- to show that they will not engage in employment with an ineligible employer;
- to show that they respect the law and have no criminal record;
- to show that they are not a risk to the security of Canada; and
- to show that they are in good health.
You can only apply for a work permit when you enter Canada if you don’t need a visitor visa.
In order to apply as you enter, you will need the following documents:
- a job offer and a Labour Market Impact Assessment (LMIA) number, or
the offer of employment number;
- a proof that you do not need an LMIA for the job you will do;
- a proof that you meet the qualifications and experience for the job you will do in Canada;
- a valid medical certificate if you need it for your job or if you are from a designated country; and
- a valid passport or other travel document.
Our lawyers help clients who are authorized to work in Canada under a work permit to apply for work permits for their accompanying family members, such as their spouse or common-law partner or children, so that their family members may also be able to work in Canada.
Generally, our client’s accompanying family members can work in Canada, however they will usually have to apply for their own work permit. The spouse or common-law partner of a skilled workers may be eligible for an open work permit, which allows them to work in any job with any employer and be hired without obtaining an Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).
While this kind of permit is open to any employer, certain jobs may have additional requirements such as medical checks or licensing from professional organizations.
We assist our clients in determining whether their spouse or common-law partner is eligible to apply for an open work permit.
We help our clients determine if their occupation requires a work permit. Other conditions and requirements may need to be met even if a work permit is not required.
- Athlete or coach
- Aviation accident or incident investigator
- Business visitor
- Civil aviation inspector
- Clergy
- Convention organizer
- Crew member
- Emergency service provider
- Examiner and evaluator
- Expert witness or investigator
- Family member of foreign representative
- Foreign government officer or representative
- Health care student
- Judge, referee or similar official
- Military personnel
- News reporter or film and media crew
- Producer or staff member working on advertisements
- Performing artist
- Public speaker
- Short-term highly-skilled worker
- Short-term researcher
- Student working off-campus
- Student working on-campus
There are two types of work permits issued in Canada: Employer-Specific Work Permits (Closed) and Open Work Permits.
Our lawyer at Beffa Law can assist you by:
- Assessing your options for a work permit;
- Ensuring that your forms are properly filled and that you have all the required documents;
- Writing submissions on your behalf to explain your specific situation to Immigration, Refugees and Citizenship Canada (IRCC) officials; and
- Communicating with IRCC on your behalf.
Closed work permits are employer specific and allow the employee to work for a certain employer in a certain type of job. Any promotion must be accompanied with a new work permit to comply with the immigration regulations. Most closed work permits require a Labour Market Impact Assessment (LMIA), but there are some professions for which the employees do not need a LMIA but require a work permit.
Open work permits allow the individual to work for any company, in any position; however, there are limited categories of foreign nationals entitled to an open work permit:
- Individuals in Canada who applied for permanent residence under one of the economic classes and whose current work permit does not expire in the next four months;
- Individuals who applied for permanent residence and were granted an exemption from a requirement of the IRPA on humanitarian and compassionate grounds.
- Spouses or common law partners sponsored by their Canadian citizen or Permanent Resident spouse or common-law partners;
- Spouses of foreign students or temporary skilled workers;
- Individuals applying for Canada World Youth Program’
- Individuals applying for working holiday exchange programs under International Experience Canada;
- Family members of foreign representatives or foreign military members who are working in Canada, where a reciprocal employment arrangement exists between Canada and their country of origin;
- Professional athletes allowed to enter Canada and who need to work to support themselves while playing for a Canadian team;
- Persons who are in Canada with a Temporary Resident Permit valid for at least 6 months and who cannot support themselves without working;
- Individual who submitted permanent resident application under certain classes, applying for bridging work permits;
- Spouses or common law partner applying for open work permit pilot program for permanent residence inside Canada;
- Individuals applying for post graduate work permits;
- Individuals applying for post secondary co-op and secondary co-ops.