Understanding Work Permits for Canadian Employers: Navigating Open and Closed Permits

Calver Immigration Consulting Inc.
5 days ago
4 min read

Updated: 8 hours ago

In today's globalized economy, Canadian employers are increasingly relying on international talent to meet their staffing needs. This trend not only enriches the diversity of the workplace but also helps bridge the gap in skill shortages across various industries.

However, understanding the intricacies of Canada's work permit system is crucial for employers aiming to hire foreign workers. In this comprehensive guide, we will delve into the differences between open and closed work permits, explore the process of obtaining these permits, and highlight important considerations such as medical restrictions and work conditions for students.

Open vs. Closed Work Permits: What’s the Difference?

Open Work Permits:

Open work permits allow foreign nationals to work for any employer in Canada, with some exceptions. These permits are not job-specific, meaning there is no requirement for the employer to obtain a Labour Market Impact Assessment (LMIA) or for the foreign worker to have a job offer prior to application. This flexibility makes open work permits particularly appealing for workers and employers alike.

Common pathways to obtaining an open work permit include:

Spouses or Common-law Partners: Of certain work permit holders or international students.
Post-Graduation Work Permit Program: For international students who have completed a program of study at a designated learning institution in Canada.
Working Holiday Visa: Part of the International Experience Canada (IEC) program, allowing young people from certain countries to work while traveling in Canada.

Closed Work Permits:

Closed work permits, on the other hand, are employer-specific. This means the foreign worker is authorized to work only for the employer listed on the permit, in the position specified. Obtaining a closed work permit typically requires the employer to secure a Labour Market Impact Assessment (LMIA), demonstrating that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do so.

Key Steps to Obtaining a Closed Work Permit:

Labour Market Impact Assessment (LMIA): Employers must apply for an LMIA from Employment and Social Development Canada (ESDC) or an LMIA-exempt job offer. This process involves proving that hiring a foreign worker will not negatively impact the Canadian labour market.
Job Offer: Once an LMIA is approved, the employer can extend a job offer to the foreign worker, who can then apply for a closed work permit.
Work Permit Application: The foreign worker submits a work permit application to Immigration, Refugees and Citizenship Canada (IRCC), including the job offer and LMIA approval or the LMIA-exempt number.

Other considerations: Medical Restrictions on Work Permits

When applying for work permits, medical examinations may be required to ensure that the applicant does not pose a health risk to Canadians or place excessive demand on the Canadian health care system. The need for a medical exam depends on several factors, including:

The nature of the job (e.g., health services, child care, primary or secondary education).
The applicant’s country of residence or travel history.
The duration of the planned stay in Canada.

Medical restrictions can lead to limitations on the type of work a foreign national can undertake. For example, those who have not completed a medical examination may be restricted from working in jobs that require close contact with vulnerable populations, it’s important to review a candidate’s work permit for this restriction if they’ll work in healthcare or with children.

Work Conditions for Students: Understanding Limits on Work Hours

International students in Canada are allowed to work off-campus under specific conditions, typically holding an open work permit as part of their study permit. Understanding these conditions is crucial for employers considering hiring international students:

During Regular School Terms: Students are allowed to work up to 24 hours per week off-campus. This restriction ensures that students can maintain their academic focus while gaining work experience.
During Scheduled Breaks: Students can work full-time during scheduled breaks such as summer and winter holidays. This provides a valuable opportunity for students to gain extensive work experience and for employers to benefit from additional staffing during peak seasons.

Navigating the Work Permit Process: Expert Guidance Available

For Canadian employers, navigating the complexities of work permits can be challenging. From ensuring compliance with LMIA requirements to understanding the nuances of student work conditions, there are many factors to consider. Working with an immigration expert can simplify this process, ensuring that employers remain compliant with regulations and effectively integrate international talent into their workforce.

At Calver Immigration Consulting, we specialize in guiding employers through the intricacies of Canada's immigration system. Our expert team is ready to assist you in understanding your options, preparing applications, and ensuring compliance with all relevant regulations. Whether you are hiring a temporary foreign worker or exploring options for international students, we provide tailored solutions to meet your business needs.

Get in Touch

For more personalized guidance on navigating the work permit process, contact us today. Our team at Calver Immigration Services is committed to helping Canadian employers effectively leverage international talent, ensuring a seamless and compliant hiring process. Make your business goals a reality with the right support and expertise at your side.

By staying informed about the types of work permits and the associated requirements, Canadian employers can successfully integrate skilled foreign workers into their teams, contributing to the growth and success of their businesses in a competitive global market. book an online consultation with us here.

Our Services

Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.

We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.