A work permit is a written authorization that allows international workers to work in Canada. It is required whether or not the employer is in Canada. Usually, it is valid only for a specific employer, job and length of time, and is issued based on a Labour Market Impact Assessment (LMIA) provided by Employment and Social Development Canada (ESDC). A LMIA may be required in order for a work permit to be issued. The LMIA is typically given for a specific period of time, and the work permit issued will coincide with that period. Renewal of a work permit beyond the specified period will likely require a new LMIA.
LMIA will issue based on an employer request and will be evaluated on:
- whether the job offer is genuine,
- the availability of Canadians
- the offered wages
- the economic benefit the foreign worker would bring to Canada
- past history of employers compliance to the commitments outlined in job offers to foreign workers hired in the past six years in respect to wages, working conditions and the occupation, and
- compliance with Federal-Provincial/Territorial Laws (compliance fee of $1,000)
- not complied employer may be deemed ineligible to hire a foreign worker for two years
- employer must be not an ineligible employer
- A foreign worker can work in Canada for a maximum period of four years. However, there are some exceptions to this rule if:
- the work worker intend to does in Canada creates or maintains significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents,
- the work workers intend to does in Canada relates to an international agreement between Canada and one or more countries (including seasonal agricultural workers),
- the work is done while worker are authorized to study,
- 48 months have passed since worker accumulated 4 years of work in Canada or since you last worked in Canada.