Canadian employers wishing to employ a foreign worker in Canada must first obtain authorization from Employment and Social Development Canada (ESDC), otherwise known as a Labour Market Impact Assessment (LMIA). Canadian employers must demonstrate that employing a foreign worker will not have a negative impact on the Canadian labor market in most cases, and that there is currently no Canadian citizen or permanent resident available to fill the position. This is typically accomplished by advertising the position on several venues, thus demonstrating there was no suitable Canadian for the job. A LMIA is a very rigorous and comprehensive process that is subject to a high level of scrutiny from the government, and thus must be completed without errors.

Two Canadian federal departments are responsible for work permits. If a Labour Market Impact Assessment is required, the department of Employment and Social Development Canada will review the LMIA application and make a decision on whether or not it approves the application. The process of obtaining a work permit is handled by the Department of Immigration, Refugees and Citizenship Canada (IRCC). Once an LMIA has been approved, you submit a work permit application to IRCC. If an LMIA is not required, you also apply to IRCC to get a work permit. The work permit provides you with the legal authority to work in Canada for a temporary period of time.

There are general requirements that all applicants must fulfill, and specific ones they need to fulfill based on the work permit stream they are applying under. For example, you are applying under a work permit stream that requires an LMIA, you need to submit the following documents to IRCC as part of your work permit application:

* a job offer letter

* employment contract

* a copy of the LMIA

* the LMIA number

Generally speaking, all applicants need to demonstrate they will leave Canada when their work permit expires, they have enough money to financially support themselves in Canada, they do not pose a risk to public health and safety, and will not work for ineligible employers or in ineligible occupations

Processing times vary based on a number of factors such as whether a Labour Market Impact Assessment is required, the work permit stream that you are applying under, and the country in which the worker is currently located.

If you have a work permit that is about to expire or if you need to make changes to the conditions of your work permit, you need to submit a new application at least 30 days before your work permit expires. You are not allowed to extend your work permit beyond your passport's expiry date.

An open work permit is one that enables a foreign worker to work for any employer in Canada. Open work permits do not require foreign nationals to obtain a Labour Market Impact Assessment or a job offer when applying to Immigration, Refugees and Citizenship Canada for a work permit. Closed work permits require a foreign worker to only work for the employer who has obtained a positive LMIA and provided them with a job offer. If a foreign worker is no longer going to work for this employer, they need to apply to change the conditions of their work permit if they wish to continue to legally work in Canada.

Your spouse or common law partner can apply for a work permit so long as they meet the eligibility criteria of an LMIA-required or LMIA-exempt work permit. One option available to Canadian citizens and permanent residents is the Spousal Open Work Permit.