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Unlock Your Future in Canada with CAN PATHWAYS
Are you ready to explore new opportunities in Canada? Whether you’re a seasoned professional or a fresh graduate, *CAN Pathways* is here to make your Canadian dream a reality. With our expert guidance, securing your Canadian work visa has never been easier.
Employer-Specific Work Permits
An Employer-Specific Work Permit is a type of work permit issued by the Canadian government that allows a foreign national to work in Canada under certain conditions specified in the permit. Unlike an open work permit, an employer-specific work permit restricts the holder to working for a specific employer, in a specific location, and sometimes even in a specific role.
Key Features of Employer-Specific Work Permits:
1. Tied to a Specific Employer:
The work permit will specify the name of the employer that the foreign worker is authorized to work for. The permit holder is not allowed to work for any other employer unless they apply for a new work permit or have it amended.
2. Conditions and Restrictions:
Employer: The name of the employer is clearly stated on the work permit.
Location: The permit might specify the location where the permit holder is allowed to work. This means the worker is restricted to that geographic area.
Occupation: In some cases, the work permit may specify the particular job or occupation the holder is permitted to work in.
3. Labour Market Impact Assessment (LMIA):
In most cases, before applying for an employer-specific work permit, the employer must obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). The LMIA demonstrates that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do it.
4. Application Process:
The foreign worker must apply for the work permit with the LMIA (if required) and the job offer from the employer. The permit will be issued based on the details of the job offer, including the employer’s name, job title, wages, and working conditions.
5. Duration
The validity of the permit is usually tied to the duration of the job offer or the LMIA. Once the work permit expires, the worker must either leave Canada, apply for a new work permit (possibly with a different employer), or change their immigration status.
6. Changing Employers:
If a worker wants to change employers while holding an employer-specific work permit, they must apply for a new work permit with the new employer’s job offer and, if required, a new LMIA.
Common Scenarios for Employer-Specific Work Permits:
- Temporary Foreign Worker Program (TFWP): This program often requires foreign workers to hold an employer-specific work permit, supported by an LMIA.
- International Mobility Program (IMP): Under certain agreements, such as the North American Free Trade Agreement (NAFTA) or Comprehensive Economic and Trade Agreement (CETA), foreign workers might obtain employer-specific work permits without needing an LMIA, but the permit would still restrict them to a specific employer.
Limitations:
- Limited Flexibility: Workers cannot change employers or job locations without applying for a new permit, which can be a lengthy process.
- Dependence on Employer: Workers are tied to the employer who sponsored their work permit, which might limit their job mobility and negotiating power.
Employer-specific work permits are essential for employers who need foreign workers to fill positions that cannot be filled by the local labor market, but they also impose certain limitations on the worker’s freedom to change jobs.
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Open Work Permits
An Open Work Permit is a work permit that allows a foreign national to work in Canada for almost any employer without needing a specific job offer or a Labour Market Impact Assessment (LMIA). Here’s a more detailed explanation:
- Spouses or Common-Law Partners: The spouses or common-law partners of skilled workers (who hold a valid work permit) or international students enrolled in full-time studies at a Designated Learning Institution (DLI) in Canada can apply for an open work permit.
- International Graduates: Those who have recently graduated from a Canadian post-secondary institution may apply for a Post-Graduation Work Permit (PGWP), which is a type of open work permit.
- Bridging Open Work Permit (BOWP): Applicants who have applied for permanent residency and are waiting for a decision may qualify for a BOWP to continue working while their application is processed.
- Protected Persons and Refugees: Individuals who are recognized as refugees or who are under protection in Canada can apply for an open work permit.
- Other Specific Programs: Certain programs, such as International Experience Canada (IEC), allow participants to obtain open work permits under specific conditions.
- The duration of an open work permit varies depending on the specific category under which it is issued. For example:
- PGWP: The length of the permit usually matches the length of the study program, up to a maximum of three years.
- Spousal Open Work Permit: The permit is typically valid for the same duration as the principal applicant's work or study permit.
- BOWP: It is valid until a decision is made on the permanent residency application.
- Flexibility: Holders can work in almost any job, for any employer, and can switch jobs without having to apply for a new work permit.
- Pathway to Permanent Residency: The work experience gained while on an open work permit can contribute to eligibility for permanent residency programs, such as the Canadian Experience Class (CEC) under the Express Entry system.
- Employer-Specific Restrictions: While most employers are eligible, certain employers who have failed to comply with conditions set by Immigration, Refugees, and Citizenship Canada (IRCC) may be ineligible.
- Medical Exam Requirements: Some jobs, particularly those in healthcare, education, or childcare, may require the permit holder to undergo a medical examination before starting work.
- Application Timing: Applicants can apply from within Canada, or from outside Canada, depending on their specific circumstances. For certain categories, like the PGWP, the application must be submitted within a specific time frame after completing the qualifying program.
Overall, an open work permit is a versatile tool that allows foreign nationals to gain Canadian work experience, which can be instrumental in securing permanent residency and establishing a long-term life in Canada.
Post-Graduation Work Permits (PGWP)
International students who graduate from eligible post-secondary institutions (DLIs) in Canada, such as universities, colleges, or trade schools, may qualify for a PGWP. The program of study must be at least eight months long.
The length of the PGWP typically matches the length of the student’s study program, up to a maximum of three years. For example,
1 year of study = 1 year of Work Permit
3 years or more = 3 years of work permit
The PGWP allows graduates to work full-time in any occupation and for any employer in Canada. This work experience can also help qualify for permanent residency under programs like the Canadian Experience Class (CEC).
Graduates must apply for the PGWP within 180 days of receiving their final marks or official program completion letter.
The PGWP is a pathway to gaining valuable Canadian work experience, which can significantly strengthen an individual’s application for permanent residency through Canada’s Express Entry system.
It is a popular program for international students who want to stay and work in Canada after completing their studies.
LMIA-Based Work Permits
An LMIA-Based Work Permit is a type of work permit in Canada that is issued based on a positive Labour Market Impact Assessment (LMIA). Here’s a quick overview of the process:
The LMIA-Based Work Permit is designed to ensure that foreign workers are hired only when there is a genuine need and that the hiring will not negatively impact the Canadian job market.
How It Works
Eligibility Assessment
We start with a comprehensive evaluation of your qualifications and job offer to determine the best visa option for you.
Document Preparation
Our RCICs guide you through gathering and preparing all necessary documents to ensure a flawless application.
Application Submission
We handle the entire process, from submitting your application to keeping you informed every step of the way.
Post-Approval Support
Our commitment doesn’t end with visa approval. We help you navigate your arrival and settle into your new role in Canada.