An open work permit in Canada lets you work for any employer. This is different from an employer-specific work permit, which means you can only work for one employer. This guide will explain what an open work permit is, how it is different from an employer-specific work permit, the benefits of an open work permit, and how to apply for one.
What is an LMIA?
The name of the labour market test is called a Labour Market Impact Assessment (LMIA). The federal government department that oversees the LMIA process is called Employment and Social Development Canada (ESDC). A positive or neutral LMIA is issued by ESDC when it is satisfied that there is no Canadian citizen or permanent resident available to do the job. A negative LMIA is issued when it believes there are domestic workers available to do the job and hiring a foreign national will harm workers in Canada.
Typically, employers in Canada who wish to hire a foreign national are required to get a positive or neutral LMIA from ESDC. Once this is granted, the foreign national can then go to the federal Department of Immigration, Refugees and Citizenship Canada (IRCC) to get their work permit. Once they get their work permit, they can go ahead and move to Canada to begin working for the employer.
Open Work Permit Requirements
To apply for an open work permit, you need to:
- Show you will leave Canada when your permit is over.
- Show you can pay for your living and your family’s needs.
- Be healthy and safe for Canada.
- Follow Canadian rules and have no police problems.
- Do not work for anyone who cannot hire short-time workers.
- Employers who are not eligible include those:
Listed on the list of ineligible employers by IRCC. You can check this list here.
Who regularly offer services like striptease, escort services, or erotic dances
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Different Types of Work Permits in Canada
There are two main types of work permits:
Tied to one employer: This permit is only good for working with the company that offered you a job. They’ll help you apply for the permit, but you can’t work for anyone else.
Open Work Permit: This permit lets you work for any employer you want in Canada. It also allows your family to come with you, in most cases.
Why Choose an Open Work Permit?
Here’s what makes Open Work Permits so good:
- Work anywhere: You’re not stuck with just one company.
- No LMIA needed (usually): LMIA is a fancy way of saying a special test to see if a foreign worker is needed for the job. Open Work Permits often don’t require this test.
- Bring your family: You can usually apply for your family to join you in Canada.
Comparing Open Work Permit and Employer-Specific Work Permit
Here is a simple comparison of the two types of work permits:
Open Work Permit:
Work for any employer.
No need for an LMIA (Labour Market Impact Assessment), unless the job is LMIA-exempt.
Your family may be allowed to come with you.
Employer-Specific Work Permit:
Only work for the employer who offered you a job.
I Need LMIA.
Cannot bring family.
Canada Spouse Open Work Permit
A Canada Spouse Open Work Permit is for the spouse, common-law partner, or dependent child of someone who has sponsored them for Canada Permanent Residency (PR).
They can only apply if their PR application is being processed by IRCC (Immigration, Refugees and Citizenship Canada).
Who Can Apply for an Open Work Permit?
You might be eligible for an open work permit if you are:
- A graduate from a Designated Learning Institution (DLI) and eligible for a Post-Graduation Work Permit (PGWP).
- A student who cannot afford your studies.
- A dependent of someone who applied for PR.
- A temporary resident permit holder.
- Someone who applied for Canada PR and your application is being processed.
- The husband or wife of a student from another country.
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How to Apply for Open Work Permit From India
Follow these steps to apply:
Employer applies for a Labour Market Impact Assessment, if necessary
The Canadian government has two categories of work permits. A work permit either needs a labour market test or is exempt from requiring it. In some cases, the labour market test is required to demonstrate that the issuance of a work permit to a foreign national will not hurt the employment and wages of workers in Canada.
Employer extends Temporary Job Offer
Once a positive or neutral LMIA is granted, the Canadian employer must provide a copy of the LMIA approval letter along with a detailed job offer letter to the foreign worker, who will need those documents to apply for a work permit.
Foreign Worker applies for Work Permit
With the LMIA approval letter, the job offer letter (and the CAQ if applicable), the foreign worker can apply for a Canadian temporary work permit to Immigration, Refugees and Citizenship Canada (IRCC). Depending on their country of citizenship, the foreign worker may need to obtain a temporary residence visa (TRV) to travel to Canada, and would therefore need to submit the temporary work permit application at a Canadian visa office abroad.
Work Permit is issued
The Canadian temporary work permit will be issued at the point of entry by a Canada Border Services Agency (CBSA) officer at the time the foreign worker arrives in Canada.
Approval and Introduction Letter:
Upon approval, IRCC will issue an approval letter and a letter of introduction. You will need these at the port of entry.
Arrival in Canada:
When you arrive, you need your passport, travel document, and visitor visa (if required). A border officer will check your identity, medical exam results, and fingerprints. Your work permit will be printed at the airport or port of entry.
The open work permit is a good choice if you want to work in Canada. It lets you work for any employer and you can bring your family too. Follow the steps in this guide to apply for your open work permit and start your new life in Canada.
