Most foreign nationals need authorization to work in Canada. The two main work-permit types are employer-specific work permits and open work permits. Which type is available depends on the worker’s circumstances and the immigration program being used.

Employer-specific work permits

An employer-specific work permit authorizes work under the conditions shown on the permit, which can include the employer, occupation and work location. In many cases, the Canadian employer must first obtain a positive Labour Market Impact Assessment (LMIA) before the worker applies for the work permit.

What is an LMIA?

An LMIA is an assessment used under the Temporary Foreign Worker Program to determine whether a Canadian employer can hire a foreign worker for a particular position. The employer must apply through Employment and Social Development Canada/Service Canada and meet the requirements for the applicable LMIA stream.

Not every employer-specific work permit requires an LMIA. Some positions are LMIA-exempt under the International Mobility Program or another exemption. The correct analysis therefore starts by determining whether the proposed employment requires an LMIA at all.

Open work permits

An open work permit is not tied to one specific employer, but it is only available in defined situations. Examples can include certain spouses or family members, some permanent residence applicants, eligible graduates and other categories specifically authorized by IRCC. A person generally cannot choose an open work permit simply because it would be more convenient.

Employer responsibilities matter

Where an LMIA is required, the employer’s side of the process is critical. Depending on the stream, recruitment, wage, working conditions, business legitimacy, transition planning and compliance requirements may all be relevant. A positive LMIA is also not the work permit itself: the worker still needs to make the appropriate work-permit application and satisfy the immigration requirements.

Common planning issues

• Determining whether an LMIA is required or an exemption applies
• Selecting the correct occupation and wage information
• Meeting recruitment and advertising requirements where applicable
• Preparing evidence of the employer’s business and genuine need
• Coordinating the LMIA timing with the worker’s current immigration status
• Preparing the worker’s work-permit application after the employer stage

CanLink assists employers and workers with LMIA strategy, employer documentation and work-permit applications. See our Work Permits & LMIA page.

Official resources

• IRCC: Work in Canada temporarily
• IRCC: Employer-specific work permits
• IRCC: Open work permits
• ESDC: Labour Market Impact Assessment and Temporary Foreign Worker Program

LMIA and work-permit requirements depend on the employer, job, worker and program. This article is general information only.