Work
Labour Market Impact Assessment (LMIA)
A Labour Market Impact Assessment is a document that an employer in Canada may need to get before hiring a foreign worker.
A positive LMIA will show that there is a need for a foreign worker to fill the job. Canada’s LMIA process serves as proof that no Canadian citizen or permanent resident is ready, willing, and able to fill a specific position in Canada, and so the employer is allowed to hire a foreign worker. In order to obtain an LMIA, employers must advertise the position for at least four weeks and potentially interview candidates who are Canadian citizens or permanent residents.
Only then, and only if the business can prove that those interviewees did not fulfil the job description, may the business be given the green light to hire a foreign worker. The worker must then apply for a Canadian work permit, supported by the LMIA, before beginning work in Canada. Depending on the function LMIA can be three types: Regular LMIA, LMIA Express Entry and dual LMIA.
LMIA Exempt Work Permits
Most Canadian work permits are closed work permits, which require a positive LMIA. A closed work permit is issued to a foreign worker to work in the specific position and for the specific employer that are listed on the LMIA.
An open work permit, on the other hand, lets foreign workers work in any position, for any employer, anywhere in Canada. Since open work permits are not restricted to an occupation or employer, they do not require an LMIA. You also do not need to have a job offer to apply for an open work permit.
Closed LMIA-exempt work permits allow foreign workers to work for a specific employer in a specific position, but do not require an LMIA.
Bridging Open Work Permits
The BOWP is an extension to an existing work permit, meant to allow them to keep working until the applicant received PR. Bridging Open Work Permits (BOWP) are for individuals who currently have a valid Canadian work permit, which expires within 4 months and have applied for Permanent Residence under the Economic Class such as through Express Entry. It allows the applicant to work for multiple employers in multiple location if they choose. It is also mandatory for the work permit holder to be in Canada for the application to be submitted.
If an applicant’s current work permit expires before they receive a decision regarding their BOWP application, they may continue to work in Canada under implied status, until a final decision has been issued regarding the BOWP application. However, if the application is denied, the foreign national must cease working in Canada immediately. Continuing to work without a valid work permit can risk any future permanent residency applications.
Work While Studying
Work while you study, help your spouse or common-law partner get a work permit while you study, work temporarily or stay permanently in Canada after you graduate as an international student.
You can work as an international student in Canada if your study permit lists a condition that says you’re allowed to work on- or off-campus.
You can work on your school campus, without a work permit, if you:
- are a full-time post-secondary student at a:
- public post-secondary school, such as a college or university, or CEGEP in Quebec;
- private college-level school in Quebec that operates under the same rules as public schools, and is at least 50% funded by government grants, or
- Canadian private school that can legally award degrees under provincial law.
- have a valid study permit, and
- have a Social Insurance Number (SIN).
Working off campus
You and your employer must make sure you can work off campus without a work permit. If you start working off campus but don’t meet the requirements, you may have to leave Canada. You can only start working in Canada when your study program has started. Your study permit will detail your specific working conditions.
You can work on your school campus, without a work permit, if you
- you’re a full-time student at a designated learning institution (DLI);
- you’re enrolled in;
- a post-secondary academic, vocationalor professional training program or
- a secondary-level vocational training program (Quebec only)
- your study program
- is at least 6 months long and
- leads to a degree, diploma or certificate
- you’ve started studying; and
- you have a Social Insurance Number (SIN)
If you are a part-time student, you can work off campus only if:
- you meet allof the requirements above and
- you’re only studying part-time, instead of full-time, because:
- you’re in the last semester of your study program and you don’t need a full course load to complete your program and
- you were a full-time student in your program in Canada, up until your last semester