Employers aiming to recruit foreign workers must ensure compliance with immigration regulations and employ individuals with valid work permits. The requirements vary depending on factors such as the nature of work, its duration, the worker’s nationality, and other considerations.
Most job roles and foreign workers necessitate both an LMIA (Labour Market Impact Assessment) and a Work Permit, while some only require a work permit, and others don’t require a work permit at all.
To determine if an LMIA and/or Work Permit is necessary, refer to the categories outlined below:
Jobs Requiring a Positive LMIA:
Typically, Canadian employers must secure government approval before hiring foreign workers to ensure no qualified Canadians are overlooked. This approval comes in the form of a positive LMIA, indicating compliance with salary and benefit standards.
LMIA Exemptions & Foreign Workers:
Certain categories are exempt from needing a positive LMIA, allowing for a work permit without one. These include individuals covered by international agreements, the Global Talent Stream, entrepreneurs/self-employed candidates, intra-company transferees, and others.
Global Talent Stream:
Employers seeking rapid access to foreign workers, particularly in high-growth sectors like IT, can benefit from expedited processing times under the Global Talent Stream.
Working Without a Permit:
Certain occupations and situations permit foreigners to work in Canada without a work permit, including athletes, business visitors, clergy, and others.
Open Work Permit (OWP):
An Open Work Permit allows foreign nationals to work in any job without restrictions, without needing an LMIA or confirmed job offer.
Bridging Open Work Permit (BOWP):
The BOWP allows workers awaiting permanent residence decisions to continue working in Canada.
International Experience Class (IEC):
Designed to bring young adults to Canada on a temporary basis, the IEC program offers work permits under categories like Working Holiday, Young Professionals, and International Co-op.
Work While Studying:
Full-time students can work on campus without a work permit, and certain research or teaching assistants may work off-campus in related locations.
For further assistance with working in Canada or applying for work permits, feel free to contact us.