In Canada, there are two main types of work permits: open work permits and employer-specific work permits. The main difference between the two lies in the restrictions and conditions associated with the type of employment allowed.
- Open Work Permit:
An open work permit allows individuals to work for any employer in Canada, except for those who are not eligible to hire foreign workers or in specific industries with labor market restrictions. It provides greater flexibility and allows individuals to switch employers without needing to apply for a new work permit. There are different types of open work permits, such as the Post-Graduation Work Permit (for international graduates), the Working Holiday Visa (for young individuals from eligible countries), and the Spousal/Common-Law Partner Work Permit (for spouses or partners of Canadian citizens or permanent residents).
- Employer-Specific Work Permit:
An employer-specific work permit, as the name suggests, is tied to a specific employer and job in Canada. It allows individuals to work only for the designated employer mentioned on the work permit. The employer must obtain a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) in most cases, which demonstrates that there is a need to hire a foreign worker for the position. The work permit is typically valid for the duration specified in the LMIA or for the length of the employment contract, whichever is shorter. If an individual wants to change employers, they generally need to apply for a new work permit.
In summary, an open work permit offers greater flexibility in terms of employment options and the ability to switch employers without requiring a new permit, while an employer-specific work permit restricts the individual from working for a specific employer and often requires an LMIA. The eligibility criteria and application process may vary depending on the specific program and circumstances.
Types of open and closed work permits
The following work permits are not currently open for application:
- Temporary Foreign Worker Program’s general temporary work permits
- Work permits for Young Professionals
- Work permits for International Co-op—Internship programs
- Mobilité francophone work permits (available in French)
- Work permits for CSQ holders in Quebec whose current work permits are nearing expiration.
There are still a few options available for open work permits, which include:
- Working Holiday work permits
- Open work permits for spouses or common-law partners of work permit holders in skilled positions or studying at a Canadian post-secondary school
- Post-Graduation work permits (for graduates of Canadian post-secondary institutions)
- Bridging open work permits for applicants seeking permanent residence
- Open work permit pilot program for applicants in the spouse or common-law partner in Canada class who are applying for permanent residence.
Who are eligible for Open Work Permit?
An open work permit in Canada may be available to individuals who meet certain criteria, including:
- Graduating from a designated learning institution and being eligible for the Post-Graduation Work Permit Program as an international student.
- Being a student who can no longer afford the costs of studies (destitute student).
- Holding an employer-specific work permit and experiencing abuse or being at risk of abuse in relation to your job in Canada.
- Being a dependent family member of someone who has applied for permanent residence.
- Being the spouse, common-law partner, or dependent child of a low- or high-skilled worker.
- Being the spouse or common-law partner of an international student.
- Being the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program.
- Being a refugee, refugee claimant, protected person, or a family member of such individuals.
- Having an unenforceable removal order against you.
- Holding a temporary resident permit.
- Participating in special programs as a young worker.
- Being in Canada and being sponsored as a spouse, common-law partner, conjugal partner, or accompanying dependent child.
