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Work Visa/ Permit

Navigating the Canadian work permit process can be challenging without the right guidance. At Dhaliwal & Dhaliwal LLP, we assist individuals and employers with a variety of work authorization needs, including employer-specific work permits, open work permits, and Labour Market Impact Assessment (LMIA) applications. Whether you’re starting a new job, changing employers, or hiring a foreign worker, our team is here to provide clear guidance and dependable support every step of the way.

What is a Work Permit?

A Canadian work permit is a legal document issued by Immigration, Refugees, and Citizenship Canada (IRCC) that allows foreign nationals to work in Canada for a specific period. Whether you’ve been offered a job by a Canadian employer, are a student seeking part-time employment, or are a businessperson looking to enter the Canadian market, a work permit is often required to legally work in Canada.

What is a LMIA?

In many cases, before an employer can hire a foreign worker, they must obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA is a document that verifies there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. Once the LMIA is approved, the foreign worker can apply for a work permit.

However, some jobs are exempt from the LMIA requirement, such as intra-company transferees, certain professionals under international agreements like NAFTA, and participants in International Experience Canada (IEC) programs.

Types of Canadian Work Permits

There are various types of work permits in Canada, each tailored to specific circumstances:

  • Employer-Specific Work Permit

  • Open Work Permit

  • Post-Graduation Work Permit (PGWP)

  • Bridging Open Work Permit (BOWP)

Employer-Specific Work Permit

Also known as a closed work permit, this type of permit allows you to work for a specific employer, in a specific job, and usually in a specific location. You must have a job offer from a Canadian employer before applying.

You cannot change employers unless you apply for a new permit.

Open Work Permit

An open work permit allows you to work for any employer in Canada, with some exceptions. Unlike employer-specific permits, OWPs offer flexibility, enabling holders to change jobs or employers without needing a new permit. 

🔍 What is an Open Work Permit?

An Open Work Permit is not job-specific. This means:

  • No job offer required at the time of application.

  • No Labour Market Impact Assessment (LMIA) needed.

  • Freedom to work for most employers across Canada.

However, OWPs do not permit employment with:

  • Employers listed as ineligible on the Government of Canada's website.

  • Employers offering services such as striptease, erotic dance, escort services, or erotic massages.

Post-Graduation Work Permit (PGWP)

This permit is available to international students who have graduated from a designated learning institution in Canada. It allows them to work for any employer in Canada for up to three years after graduation.

Bridging Open Work Permit (BOWP)

If you have applied for permanent residence in Canada and your current work permit is about to expire, you may be eligible for a BOWP. This permit allows you to continue working while you await a decision on your permanent residence application.

work permit

Eligibility Requirements

Employer-Specific Work Permit

✅ Who is Eligible?

You may be eligible for an employer-specific work permit if:

  • You have a valid job offer from a Canadian employer

  • The employer has obtained a positive Labour Market Impact Assessment (LMIA), or the job offer is LMIA-exempt

  • You meet the general eligibility requirements to enter and work in Canada

  • You apply before your current status expires (if you are applying from within Canada)

  • You undergo a medical exam, if required (e.g., for healthcare jobs or working with children)

Additional conditions may apply based on your country of residence, occupation, or immigration history.

Open Work Permit

✅ Who is Eligible?

You may be eligible for an Open Work Permit if you fall into one of the following categories:

  • International graduates from a designated learning institution eligible for the Post-Graduation Work Permit Program.

  • Spouses or common-law partners of:

  • International students.

  • Skilled workers in Canada.

  • Applicants who have applied for permanent residence in Canada.

  • Dependent family members of someone who applied for permanent residence.

  • Refugees, refugee claimants, protected persons, or their family members.

  • Temporary resident permit holders.

  • Young workers participating in special programs.

  • Individuals under an unenforceable removal order.

  • Workers facing abuse or at risk of abuse in their current job.

Note: Each category has specific criteria and documentation requirements. It's essential to consult with our immigration lawyer to determine your eligibility.

Post-Graduation Work Permit (PGWP)

To be eligible for a Post-Graduation Work Permit (PGWP), applicants must meet all applicable eligibility requirements as outlined by Immigration, Refugees and Citizenship Canada (IRCC). These requirements fall under several categories:

✅ General Eligibility:
  • You must have completed a program of study that is at least 8 months long at a Designated Learning Institution (DLI)

  • The program must lead to a degree, diploma, or certificate

  • You must have maintained full-time student status during each academic session of the program (with limited exceptions)

  • You must apply within 180 days of receiving confirmation that you’ve completed your program

📘 Eligibility Based on Study Program:
  • University graduates (Bachelor’s, Master’s, or Doctoral degrees)

  • Graduates of other university-level programs

  • Graduates from colleges, polytechnics, or non-university programs

  • Graduates from approved flight training schools in Canada

🌍 Eligibility Based on Location:
  • Students who completed their studies inside Canada

  • Students who studied online from outside Canada (specific timelines and policies may apply due to COVID-19 accommodations)

🎓 Field of Study Requirements (if applicable):
  • Some programs may be excluded based on the field of study or type of institution, especially if the DLI or program is not PGWP-eligible

Bridging Open Work Permit (BOWP)

To qualify for a BOWP, you must:

  • Be currently in Canada

  • Have valid temporary resident status and authorization to work

  • Hold a work permit that is expiring within 4 months

  • Have submitted an application under one of the following permanent residence programs:

  • Federal Skilled Worker Program (FSWP)

  • Canadian Experience Class (CEC)

  • Federal Skilled Trades Program (FSTP)

  • Provincial Nominee Program (PNP) (with nomination for permanent residence and no employment restrictions)

  • Agri-Food PilotHome

  • Child Care Provider or Home Support Worker Pilots

Note: You must have received an Acknowledgment of Receipt (AOR) from IRCC confirming that your PR application is complete before applying for a BOWP.

WORK VISA/ PERMIT

The Work Permit Application Process

Step 1: Determine Your Eligibility

The first step is to determine whether you are eligible for a work permit and which type of permit best suits your situation. This includes understanding the specific requirements for your job, employer, and nationality.

Step 2: Gather Required Documents

Once eligibility is confirmed, gather all necessary documents to support your application. This typically includes your passport, job offer letter, proof of qualifications, and LMIA (if required).

Step 3: Submit Your Application

You can submit your work permit application online or through a visa application center. It’s crucial to ensure that your application is complete and accurate to avoid delays or refusals.

Step 4: Attend Biometrics Appointment (if required)

Depending on your nationality, you may be required to provide biometrics (fingerprints and photos) as part of the application process.

Step 5: Await a Decision

After submitting your application, you will need to wait for a decision from IRCC. Processing times can vary depending on your country of residence and the type of work permit you are applying for.

Step 6: Receive Your Work Permit

If your application is approved, you will receive your work permit. This document will outline the conditions of your employment, including the employer you can work for, the job you can do, and the length of time you can work in Canada.

WORK VISA / PERMIT

How We Can Help?

Our experienced immigration lawyers are here to guide you through every step, ensuring that your application is strong, complete, and submitted on time.

Personalized Consultation

We assess your situation to determine the most suitable work permit for your needs.

Document Preparation

We assist in gathering, preparing, and submitting all necessary documentation to maximize your chances of success.

LMIA Assistance

If your job requires an LMIA, we work with your employer to prepare and submit a strong application.

Application Monitoring

We track the progress of your application and provide regular updates, keeping you informed throughout the process.

Inadmissibility Issues

If you face potential issues related to medical or security inadmissibility, we provide legal strategies to address these concerns.

Start Your Canadian Work Journey Today

Are you ready to work in Canada? Whether you need an employer-specific work permit, an open work permit, or assistance with the LMIA process, we’re here to help. Contact us today to schedule a consultation with one of our expert immigration lawyers. We’re dedicated to making your Canadian work experience a reality.