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Canada Employer-Specific Work Permit Guide: Eligibility, Rules, Job Change & PR Options

Canada Employer-Specific Work Permit Guide: Eligibility, Rules, Job Change & PR Options

A Canadian employer offers many foreigners a job and believes that the latter will be free to switch companies once they come to Canada. As a matter of fact, the majority of job-offer visas are issued in the form of employer specific work permit, often referred to as a closed work permit.

This is a permit that permits work in Canada, provided that it is on specific conditions. Knowing those conditions prior to granting the application can save them the trouble of losing their jobs, committing immigration violations, or being delayed in securing permanent residence.

Employer-specific work permit according to Immigration, Refugee and citizenship Canada (IRCC) binds a worker to a specific employer, place and job description. That is to say your rights, freedom of movement, and immigration route is hinged upon your alertness in selecting the employment opportunity.

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Definitions What Is an Employer-Specific Work Permit?

A foreign national is given an opportunity to work in Canada with an employer-specific work permit authorizing:

  • one employer
  • one occupation
  • one location (in most cases)
  • a limited period of time

In the permissions document you have:

  • employer name
  • job title
  • work location
  • duration of employment

When any of these change, then you generally need to be issued a new permit prior to commencing the new job.

Distinction between Open and Closed Work Permit

An open work permit makes you work with virtually any employer in Canada.

A permit concerning an employer does not.

Open Work Permit

  • No job restriction
  • In the majority of cases no LMIA needed.
  • Can change employer anytime

Employer-Specific Work Permit

  • Job restricted
  • Often requires LMIA
  • Is not able to change jobs without permission.

Due to these limitations, employees must consider the employment opportunity so that they do not accept it hastily.

Who is the Typical Recipient of this Permit

You are most likely to be issued with an employer-specific work permit in case:

  • You submitted an application with a position in Canada.
  • The employer acquired an LMIA.
  • You are an external applicant to Canada using a work visa.
  • Your hiring is on a foreign worker program.

The most widespread permit is of:

  • farm workers
  • factory workers
  • hospitality staff
  • truck drivers
  • caregivers
  • skilled trade workers

LMIA and Why It Matters

A Labour Market Impact Assessment (LMIA) is an indication that an employer in Canada was unable to find a local employee to fill this vacancy.

The employer should demonstrate before recruiting a foreign employee:

  • In Canada, job advertising was carried out.
  • wages meet standards
  • employment of a foreign worker will not destroy the labour market.

In case it is approved, the employer is given a LMIA number that the worker applies in the visa application.

LMIA-Exempt Cases

Workers do not require LMIA in certain cases such as:

  • workers in the international agreements
  • intra-company transfers
  • some government initiatives.
  • occupations that are rather beneficial.

The permit is employer specific even under the provisions of LMIA.

Documents Required

From the Worker

You typically need:

  • passport
  • job offer letter
  • LMIA copy or offer number
  • evidence or training evidence.
  • medical examination (due to specific jobs)
  • police certificate (in a few instances)
  • biometrics

From the Employer

The employer must provide:

  • job contract
  • wage details
  • submission by the employer concerning compliance.
  • LMIA approval (if required)

One of the most widespread causes of refusal is incomplete documentation.

Application Process Stepwise

Step 1 — Employer Approval

The employer obtains LMIA or opens up the job offer via the employer portal.

Step 2 — Online Application

You complete an application in IRCC portal and attach documents.

Step 3 — Biometrics and Medical

You visit a medical examination and biometrics visit when necessary.

Step 4 — Decision

On approval, you are given a port-of-entry letter.

Step 5 — Arrival in Canada

The actual work permit is printed upon at the border officer, which is situated at the airport.

Always check information at once – errors may lead to problems with immigration in the future.

Processing Time and Fees

The processing time has a variation which depends on country and season.

Official IRCC processing tools are always to be checked by the applicant as timelines are constantly changing.

Typical costs include:

  • Work permit fee
  • Biometrics fee
  • Medical exam (paid to clinic)

Only complete documents can assist agents to work faster.

Work Rules to which you have to adhere to

The permit is of legal obligation. Status can be nullified by violation of conditions.

You usually cannot:

  • work for another employer
  • commute (in another city, should it be confined to this)
  • change occupation
  • work after expiry

In the event that your employer requests you to undertake another job, other than the one stated in the written job, then you should not commence work until another permit has been granted.

What to Do in Case You Get Fired

Numerous employees fear about termination.

The fact that you have lost your job does not automatically revoke your status, however:

  • you cannot work
  • you have to seek a new permit.
  • after permission you may change employer.

You must be fast in applying since illegal employment may interfere with the future visas.

Changing Employer

To change employer:

  1. Obtain new job offer
  2. Offer is submitted by employer or LMIA.
  3. Apply for a new work permit
  4. Do not begin without permission.

In other instances, you can be temporarily authorized as you wait.

Do not begin working without authorization even a single day will lead to trouble in the future.

Can You Bring Family?

Members of your family are welcome.

Spouse

Depending on your occupation, your spouse can also be given an open work permit.

Children

It is possible to study in Canada by children.

Nevertheless, qualification is based on the level of occupation and wage group.

Extending the Work Permit

You can extend your permit if:

  • employer still needs you
  • LMIA is either renewed or valid.
  • you apply before expiry

To show the legal status apply at least 30 days in advance.

The Permanent Residence Pathway

In a well thought-out case, an employer-specific permit may result in permanent residence.

Common pathways include:

Canadian Experience Class

Following the acquisition of skilled Canadian work experience.

Provincial Nominee Programs

Certain provinces nominate workers working in that particular province.

Employer Support Programs

There are employers who favour immigration programs.

Employment history under this permit usually becomes your greatest immigration benefit.

Mistakes commonly made by the applicants

Numerous refusals or status problems occur because workers:

  • accept fake job offers
  • misunderstand restrictions
  • commence employment prior to permission.
  • rely completely on agents
  • ignore expiry dates

Your permit conditions are always to be read.

Frequently Asked Questions

  1. Can I travel outside Canada?

    Yes but you have to have a valid visa or eTA to come back in.

  2. Can I study while working?

    Short course studies are normally permitted though on full-time basis a study permit is to be issued.

  3. Is my permit cancellable by my employer?

    The permit cannot be canceled by the employer directly, however, termination of employment influence the opportunity to work.

  4. Can I apply for PR?

    Yes, most of the workers apply later through express entry or provincial program.

Final Thoughts

Employer-specific work permit is not permission to work a work permit is a legal contract that specifies the type and place of work in Canada. Those workers who know about such conditions prior to application are much less exposed to future immigration problems.

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