top of page
Writer's pictureShipra Gupta

Canadian Work Permit FAQs: Answers to six common questions.

Foreign nationals with work permits from Canada can live and work there for a limited time, and by gaining Canadian work experience, they can increase their eligibility for economic permanent residency (PR) programs.

The most frequent queries immigrants have about work permits are addressed in the sections below, which CIC News has collated.


What Canadian work permit options are available?

In general, there are two types of work permits in Canada:

  1. Employer-specific/closed work permits

  2. Open work permits (OWPs)

Holders of OWPs can work for the majority of companies across most industries, wherever in Canada. Firm-specific work permits, on the other hand, often stipulate the location and length of labor as well as allow the holder to work only for that particular firm.


Because an LMIA is frequently required in support of the work permit application, these permits are also referred to as "labor market impact assessments" (LMIA)-based work permits. The Canadian government uses labor market impact assessments, or LMIAs, to determine how employing foreign workers would affect the country's labor market.

For a work permit application to be approved, the LMIA has to provide a favorable or neutral outcome.


Canadian work permit question to be asked

How much time does it take to process an application for a work permit?


Depending on the program, the kind of work permit requested, whether the applicant is within or outside Canada, and several to other variables, processing timelines for work permits can vary significantly.

To deal with these multiple influences, Immigration Refugees and Citizenship Canada (IRCC) has developed a regularly updated processing times tool, which also accounts for the department's current capacity and backlog of applications.


Can guests apply for a work visa while they are in Canada?


Generally speaking, foreigners entering Canada on a visitor's visa who do not possess a study or work permit are not permitted to apply for work permits while in the country.

Certain visitors to Canada can now apply for employer-specific work permits due to a temporary policy change during the COVID-19 pandemic, valid until February 28, 2025.

To qualify, candidates must:

  • Be physically present in Canada at the time of applying;

  • Stay in Canada while IRCC processes the application. If an applicant leaves while their application is being processed, they will not be eligible under this public policy;

  • Apply for your employer-specific work permit between August 24, 2020, and February 28, 2025;

  • Be a visitor with valid status at the time they apply for the work permit; and

  • Restore their visitor status (if it has expired) before they apply for a work permit.





Can applicants challenge a decision on their application for a work permit?


The federal legislative Act of Canada known as the Immigration and Refugee Protection Act, which sets up the nation's immigration policies and objectives, does not provide an appeal process for decisions made on applications for temporary residency (visitor visas, work permits, or study permits).Instead, the IRCC advises applicants to resubmit, noting that a different immigration officer may assess the fresh application if at all practicable. An applicant may alternatively seek judicial review if they feel that their application was not processed under procedural norms. The Federal Court of Canada will examine the processing officer's activities as part of this judicial process. The applicant would be represented by counsel in Canada during the court review procedure.


How can a work permit that has been misplaced, stolen, or destroyed be replaced?


Those with valid work permits who misplaced or are otherwise unable to access their original paperwork are required to apply for a replacement. Holders wishing to get their work permit reproduced will also need to fill out an application and pay a charge.


Once in Canada, may I apply for a work permit?


If necessary, the IRCC advises all immigrants to apply for a work permit prior to their arrival in Canada.

On the other hand, some people might be able to apply for their work permits at a port of entry (POE) in Canada. Candidates who wish to apply for a POE must be able to:

-> Possess a visa exemption;

-> Possess the ability to enter Canada without a visiting visa or qualify for an electronic travel authorization (eTA);

-> Fulfill all additional conditions, as specified by the kind of work permit they are requesting. 


In a POE, newcomers are not eligible to apply for a work visa if they:


Are seeking a Post-Graduation Work Permit (PGWP) and require a visiting visa to enter Canada? 

Are national of a nation for which a visa is necessary? 

Are non-citizens or permanent residents of the United States applying for International Experience Canada (IEC)?

Are applying through the Seasonal Agriculture Worker Program?

A medical examination may be necessary for new applicants to a Canadian POE to bolster their application.

Comments


bottom of page