Job-Offer-Based Work Permit

Work in Canada as a Hired Employee: Overview

As a general rule, skilled workers require a job offer from a Canadian employer and must apply for a work visa based on that offer; they can only start working in Canada after the work permit has been issued.

Job Offer from a Canadian Employer

Canadian employers are permitted to hire foreign nationals to fill labor or skills shortages in Canada when Canadians or permanent residents are not available to fill the vacancy. Therefore, a Canadian firm wishing to hire foreign workers must undergo a process to obtain a confirmation from the government to fill the role with a temporary foreign worker. This process is known as a Labour Market Impact Assessment (LMIA). After conducting local recruitment and testing the Canadian labor market, a firm may request to bring a foreign national to fill the role. The Department of Employment and Social Development Canada conducts this assessment and may issue an LMIA confirmation letter, if they determine that hiring a foreign worker would not harm the Canadian labor market. The employer then provides the LMIA confirmation letter with the number (LMIA number) to the foreign worker to apply for a work permit.

In some cases, Canadian firms can hire foreign workers without the need to obtain an LMIA or with a streamlined LMIA process that does not require local recruitment efforts. This is typically for jobs that are in high demand and experiencing significant shortages in Canada.

When an LMIA isn’t required, the Canadian employer still needs to file an online offer of employment through the Employer Portal and provide a confirmation number to the foreign national (LMIA-exempt offer number).

Work Permit Application

A foreign national with a job offer and a valid LMIA confirmation letter or LMIA-exempt offer number can apply for work authorization for that employer in Canada.

An application for a work permit will include the following documents:

• Immigration application forms.
• Job Offer/Employment Agreement.
• Labour Market Impact Assessment (LMIA) Letter or LMIA-exempt offer number.
• Passport.
• Immigration status documents (if applicable, e.g., student visa, previous work permit, etc.)
• Documents proving qualification to perform the work (e.g., work history, education, language ability, and other licensing or certification if required, etc.).
• Documents demonstrating ties to the home country (e.g., financial standing, employment, assets and savings, family, etc.).
• Police clearance certificates (if required by a visa office).
• Medical examination.
• Digital photo.
• Application processing fees payment receipt.
• Other documents, based on visa office instructions.

Such a work permit will be valid for a temporary period of time, up to a maximum of three years, and will include details such as the occupation, name of the Canadian employer, job location (city), issue and expiry date, and other conditions.

The application process for a work permit varies based on the nationality of the applicant. Foreign workers from visa-exempt countries can apply at the border/port of entry in most cases. Nationals from other countries must submit their application online. Some categories of work and complex cases require an online application only.

Work permit applications that fall under the Global Skills Strategy can be processed within about two weeks or longer. Regular work permit processing time varies by the visa office.

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Call us at +1-416-915-0808 or email us at info@leromlaw.com for additional information you need to begin the process.