Closed Work Permits in Canada

Foreign nationals seeking employment in Canada can obtain a work permit, which is a type of Temporary Resident Visa (TRV) granted by the Canadian government. Work permits, initially issued for a maximum of 2 years, can be extended for an additional 2-year period if needed. These permits allow foreign workers to secure jobs in Canada, often supported by a Labour Market Impact Assessment (LMIA).

What is a Closed Work Permit?

A closed work permit is an employer-specific work permit, meaning it is for a designated role with a specific Canadian employer. A closed work permit may be approved if certain legal requirements and conditions are met. Generally, there are two basic requirements for obtaining a closed work permit:

1. The employer must apply to Employment and Social Development Canada and satisfy them that there is a genuine need to hire a foreign worker, as such a skillset is not otherwise available to that employer through a Canadian Worker or Permanent Resident via the local labour market. If successful, the employer will be issued a positive Labour Market Impact Assessment (LMIA), ultimately granting the Applicant permission to apply for the closed work permit; and
2. An appropriate Employment Agreement must be put into place that covers the terms of employment, including the hourly rate or pay scale, benefits, working hours and conditions related to the work environment, etc. Amongst other things, the employer may be required to provide room and board to the Applicant.

Conditions on employers before obtaining a Positive Labour Market Impact Assessment (LMIA)

To obtain a positive Labour Market Impact Assessment (LMIA), an employer, generally speaking, must fulfill the following conditions:

1. The employer should not be on the prohibited or disqualified list of employers;
2. The employer could not locate a suitable employee within Canada and has a genuine need for a foreign employee;
3. The employer must undertake to pay appropriate salary/wages to the foreign employee and provide that employee with suitable employment conditions;
4. The employer should not have laid off any employee in the preceding 12 months;
5. The employer should be running a legitimate business providing goods and/or services to the public; and
6. Based on the employer’s location, other applicable conditions may be imposed on the employer. For example, an employer may have to be listed on the designated list of approved employers, or there may be a condition regarding the annual turnover and the number of employees already working with the employer.

Conditions on employees for Closed Work Permits

1. Closed work permits are generally role-specific and employer-specific. This means that the employee or worker can not work in any other role or with any other employer without permission from the immigration department;
2. The worker cannot work beyond the validity of the work permit; and
3. The employee can not work at any other location in a different Province, even with the same employer. A new work permit granting permission to work in any other Province is required. A new Labour Market Impact Assessment (LMIA) is often required before applying for a work permit.

LMIA Exempt Work Permits – International Mobility programs.

The International Mobility Programs (IMP) encompass various LMIA Exempt Work Permit categories in Canada. These programs aim to promote Canada’s economic, social, and cultural interests by allowing foreign nationals to work in the country without needing a Labour Market Impact Assessment (LMIA). The IMP facilitates the entry of skilled workers and professionals who contribute to Canada’s growth and competitiveness on the global stage.

Some common LMIA Exempt Work Permit categories under the International Mobility Programs include:

1. International Agreements: Foreign nationals coming to Canada under specific international agreements, such as the Canada-United States-Mexico Agreement (CUSMA) or the General Agreement on Trade in Services (GATS), can apply for an LMIA Exempt Work Permit. These agreements facilitate the movement of professionals and skilled workers between countries to boost economic cooperation and development.
2. Intra-Company Transfers: This category allows employees of multinational corporations to be transferred to a Canadian branch, subsidiary, or affiliate without an LMIA. These individuals must hold managerial or specialized knowledge positions within the company.
3. Canadian Interests: Foreign nationals whose work in Canada would result in significant social, cultural, or economic benefits may qualify for an LMIA Exempt Work Permit. This category covers a wide range of professionals, such as artists, researchers, entrepreneurs, and individuals participating in reciprocal employment programs.
4. International Experience Canada (IEC): This program offers young adults from participating countries the opportunity to work in Canada on a temporary basis, usually through a Working Holiday Visa, Young Professionals Program, or International Co-op Internship. The IEC is designed to enhance cultural exchange and foster professional development.
5. Post-Graduation Work Permits: International students who have completed their studies at a designated learning institution (DLI) in Canada may be eligible for a Post-Graduation Work Permit (PGWP), which allows them to work in Canada without an LMIA.

These are some examples of LMIA Exempt Work Permits under the International Mobility Programs. Foreign nationals need to consult the specific eligibility criteria and application procedures outlined by Immigration, Refugees and Citizenship Canada (IRCC) to ensure they meet the requirements for their desired work permit category.

Closed Work Permits vs Open Work Permits

An open work permit, unlike a closed work permit, allows foreign workers to work for any employer in Canada without the need for a Labour Market Impact Assessment (LMIA). This type of permit provides greater flexibility in terms of finding and changing jobs but does not guarantee employment.

If you are an employer, contact us

If you are a Canadian employer struggling to find a suitable candidate within Canada and seeking to hire a qualified foreign worker, we invite you to consult with our experienced Immigration Lawyers at Edmonton Law Office. Our proficient Alberta Immigration Lawyers boast extensive experience assisting employers with securing Labour Market Impact Assessments (LMIA), ensuring a seamless process for acquiring the skilled workforce you desire for your growing organization.

Professional Legal Assistance Every Step of the Way

Edmonton Law Office and its experienced Canadian Immigration Lawyers can provide invaluable assistance to employers and employees seeking Work in Canada. We’ll help you determine your eligibility, advise you of what documentation must be gathered and prepared, assist you in navigating the various stages of the process, and professionally present your case. With the help of some of the best immigration lawyers in Canada, you can significantly increase your chances of a successful outcome and the ability to work in Canada.

Contact us today for a free initial consultation by phone at (780) 784-6666 or online.