Canada’s vibrant economy, high standard of living, and growing industries make it one of the most desirable destinations for foreign workers worldwide. Every year, hundreds of thousands of people come to Canada on work permits, contributing their skills to the Canadian labour market—often as the first step toward permanent residency.

Whether you’ve already received a job offer, are navigating the Labour Market Impact Assessment (LMIA) process, or are looking to work in Canada through a trade agreement or international mobility program, it’s crucial to understand the different pathways and requirements for obtaining a Canadian work permit.

At Realty Care Law we specialize in work permit applications and employer compliance. With immigration policies constantly evolving, we provide expert legal guidance to help you secure your work permit efficiently—and avoid the common pitfalls that lead to refusals or delays.

What Is a Work Permit in Canada?

A Canadian work permit is a written authorization issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows foreign nationals to work legally in Canada for a specific employer, in a specific location, and for a limited period of time.

It is not a visa, and in most cases, individuals will also need a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA) to enter Canada.

There are two main categories of work permits:

• Employer-Specific Work Permits: Also known as closed work permits, these are tied to a specific job, employer, and location.

• Open Work Permits: These allow you to work for any employer in Canada (with a few exceptions) and are typically available under limited circumstances (e.g. spouses of skilled workers or international students, refugee claimants, or through specific humanitarian programs).

Why You Might Need a Work Permit

Foreign nationals may need a Canadian work permit if they:

• Have received a job offer from a Canadian employer

• Are transferring within a multinational company

• Are coming under a free trade agreement (e.g., CUSMA, CETA)

• Are recent graduates eligible for a Post-Graduate Work Permit (PGWP)

• Are accompanying a spouse or family member already in Canada

• Want to gain Canadian work experience as part of their immigration pathway

Working legally in Canada also opens the door to permanent residency through programs such as:

• Canadian Experience Class (CEC)

• Federal Skilled Worker Program (FSWP)

• Provincial Nominee Program (PNP)

Common Work Permit Pathways

1. Labour Market Impact Assessment (LMIA) Based Work Permit

An LMIA is a document issued by Employment and Social Development Canada (ESDC) that proves there is a need for a foreign worker to fill a job and that no Canadian citizen or permanent resident is available to do it.

To obtain an LMIA-based work permit:

• The employer must apply for and receive a positive LMIA

• The worker must submit a work permit application along with the LMIA approval and a job offer letter

LMIA-based permits are employer-specific, meaning you can’t switch jobs without a new LMIA and work permit.

2. LMIA-Exempt Work Permits (International Mobility Program)

Some work permits are exempt from the LMIA requirement under the International Mobility Program (IMP). These exemptions usually fall into categories where the foreign worker’s presence in Canada creates significant cultural, social, or economic benefits.

Common LMIA-exempt categories include:

• Intra-company transferees

• Spouses of skilled workers or international students

• Participants in international agreements (e.g., CUSMA/NAFTA, CETA, GATS)

• French-speaking skilled workers destined to work outside Quebec

• Charitable or religious workers

While the employer does not need to go through the LMIA process, they must still submit an offer of employment and pay a compliance fee through the Employer Portal.

3. Open Work Permits

Open work permits are not job-specific. They allow foreign nationals to work for any employer in Canada without needing a confirmed offer at the time of application.

Common open work permit streams include:

• Spouses or common-law partners of skilled foreign workers or students

• International Experience Canada (IEC) participants

• Post-Graduation Work Permit (PGWP) holders

• Bridging Open Work Permit (BOWP) applicants awaiting permanent residency

• Humanitarian or vulnerable workers

4. Trade Agreement Work Permits (CUSMA, CETA, etc.)

Canada has signed several international agreements that facilitate easier work permit access for nationals of partner countries:

• CUSMA (formerly NAFTA): U.S. and Mexican citizens in specific occupations can work in Canada without an LMIA.

• CETA: Offers reciprocal work access to EU professionals.

• GATS: Enables certain service providers to work temporarily in Canada.

Each agreement has its own eligibility criteria, occupation list, and documentation requirements.

How the Work Permit Process Works

Step 1: Determine Eligibility

We’ll assess your situation to determine:

• The right type of work permit

• Whether your job offer meets the requirements

• If your employer is eligible to hire foreign workers

Step 2: Employer Compliance (if applicable)

Employers must:

• Prove they’ve followed recruitment guidelines (for LMIA)

• Submit employment offers and compliance fees through the Employer Portal (for LMIA-exempt)

• Stay compliant with federal and provincial employment laws

Non-compliance can result in fines, bans, or revocation of permits. We work closely with employers to ensure full legal compliance.

Step 3: Gather Documentation

Typical documents include:

• Job offer letter or employment contract

• LMIA (if applicable)

• Proof of qualifications, education, and work experience

• Valid passport and travel history

• Police certificates and medical exams (if required)

• Proof of relationship (if applying as a spouse or dependent)

Step 4: Submit Application

Applications can be submitted online or at a Visa Application Centre (VAC). If applying from outside Canada, processing times vary by country. You may also need to provide biometrics and attend an interview.

Step 5: Receive Decision and Enter Canada

If approved, you'll receive:

• A letter of introduction (for use at the port of entry)

• A Temporary Resident Visa (TRV) or eTA, if required

• The actual work permit is issued at the Canadian border or upon entry

Why Work Permit Applications Are Refused

Work permits can be refused for a variety of reasons, including:

• Lack of proof that the foreign worker is qualified for the job

• Incomplete or inconsistent documentation

• Employer non-compliance or failure to meet program requirements

• Failure to demonstrate intent to leave Canada after the work permit expires

• Suspicion that the job offer is not genuine

A refusal can delay your plans, impact your legal status, and even affect future immigration applications.

How We Help: Immigration Lawyers for Work Permits

1. Strategic Assessment & Legal Advice

Our legal team evaluates your unique situation and helps you choose the best work permit strategy—whether LMIA-based, exempt, or under a specific agreement. We ensure you are applying under the most appropriate category to increase approval chances.

2. Employer Guidance & Compliance

For LMIA or LMIA-exempt work permits, employers face complex compliance rules. We assist employers with:

• Job posting requirements

• Completing the Employer Portal process

• Employment contract preparation

• Compliance audits and inspections

3. Application Preparation & Submission

We prepare a complete and accurate application, including:

• Cover letters tailored to your application type

• Employer declarations and attestations

• Supporting documentation and translation

• Responses to officer concerns

4. Response to Refusals or Requests for More Information

If your application was refused or delayed, we help:

• Review the Global Case Management System (GCMS) notes to understand the refusal reasons

• Prepare and submit a strong re-application

• Respond to Procedural Fairness Letters (PFLs) or additional document requests

5. Long-Term Immigration Strategy

A work permit is often just the beginning. We work with you to plan a path toward permanent residency, aligning your work experience and employment with immigration programs like:

• Express Entry

  - Canadian Experience Class (CEC)

  - Federal Skilled Trades Program (FSTP)

• Provincial Nominee Programs (PNPs)

Frequently Asked Questions

Can I extend my work permit in Canada?

Yes, but you must apply before it expires. Your employer may need a new LMIA, or you may qualify for an extension under the same exemption.

Can I switch employers on a closed work permit?

No, you must apply for a new work permit. If you're under an LMIA-based or employer-specific permit, you'll need a new job offer and possibly a new LMIA.

Can my spouse or children come with me?

Yes. Spouses may qualify for an open work permit, and dependent children can attend school in Canada without needing a study permit in most cases.

Can I apply for a work permit from inside Canada?

In some cases, yes. For example, international students graduating from a DLI can apply for a PGWP from within Canada. Certain visitor visa holders and family class applicants may also apply inland.

What if my work permit is refused?

If your application is refused, you may be able to reapply, appeal, or request a judicial review. Our legal team will assess the refusal and guide you on the best course of action.

Start Your Journey with Confidence

Applying for a Canadian work permit can feel overwhelming. From understanding program eligibility to navigating complex employer requirements and avoiding common pitfalls, the process involves more than just filling out a form.

At Realty Care Law, our immigration lawyers work hand-in-hand with clients and employers to build strong, compliant applications that succeed. Whether you’re applying for the first time or responding to a refusal, we bring the experience, insight, and advocacy you need to move forward.