When you need authorization to work in Canada you need a

Work Permit

Individuals Working work permit Canada Immigration Auxilium Law

Work Permit for Canada

Most individuals require a work permit to be able to Work in Canada, some are exempt from such a requirement and may work without a work permit. In General individuals are required to have a work permit which either requires a Valid Job Offer (Employer Specific Work Permit) or in some cases a Valid Job Offer is not required (Open Work Permits).

Valid Job Offer (LMIA and Employer Portal)

An LMIA is often time required although not in all cases. In General individuals are required to have a valid job offer unless one of the exemptions apply to them.

One type of exemption that is typical is a Bridging Open Work Permits for individuals who have applied for Permanent Residence under the Express Entry program. Other examples include Post-Graduate work Permits, Work permits for individuals who filed an application for permanent residence under the Spouse or Common-Law Partner in Canada Class, refugee claimants and other specific cases set out in the Regulations.

In the Canadian Immigration Law context, the term Valid Job Offer does not simply mean a Canadian Employer signing a contract with an Individual who is not a Canadian permanent resident or Citizen. It usually entails either a Labour Market Impact Assessment Application or a Job Offer being registered on the Employer Portal.

A Labour Market Impact Assessment allows the government to determine if an individual is in direct competition with Canadians. If it is determined that the person who will be hired by the Canadian Company will not be in competition with other Canadians or that the Employer is unable to fill the position with a Canadian a Labour Market Impact Assessment will be issued.

A Valid Job Offer allows the Government to determine if the employer is exempt from an LMIA and if the Employer meets the eligibility requirements for the LMIA exemptions through the International Mobility program. Some of the most used LMIA exemptions are the intra-company transferee, International Francophone Mobility Program and International Free Trade Agreements.

The entire list of exemption can be found here.

Applying for a Work Permit

Whether a Job Offer (LMIA or LMIA exempt) is required or not, individuals will usually have to apply for a work permit. If they are from a Visa required country, they will usually be required to apply from outside of Canada unless one of the exemptions apply to them.
Some of the Exemptions that are quite common are cases where the person who entered Canada with a Visitor Visa has a spouse in Canada under a study or work permit or if they are being sponsored in Canada by their Canadian spouse through the Spouse or Common-Law Partner in Canada Class or they claimed refugee protection or other particular circumstances that are outlines in the Regulations applies to the individual.
When applying for a work permit where the exemptions don’t apply and it is not an open work permit the individual has to demonstrate that they meet the requirements for the job, that they will not overstay, that they are not inadmissible as well as other relevant factors prescribed in the Regulations.

Documentation and Forms that are required to be submit vary from Visa Office to Visa Office it is therefore important to look at the country specific document checklist that can be found on IRCC’s website.

The burden is on the Applicant to make their case to the Officer that they meet all the requirements for a Work Permit.

If you are contemplating applying for a work permit, you may want to book a consultation with our office.

Please note that this is general Information and should not be construed as legal advice.

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