Guide 5487: Applying for a Work Permit outside Canada
Table of Contents
This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.
For legal information, see the:
This information will help you complete the forms and guide you through the application process.
Overview
Application package
This application package has:
- an instruction guide, and
- the forms you need to fill out.
The instruction guide:
- has information you must know before you submit your application, and
- explains how to fill out the forms and gather your supporting documents.
Read the instruction guide completely and then fill out each of the applicable forms.
The forms are designed with questions that will help the processing of your application.
Before you apply
Who can use this application guide?
This application guide will help you apply for a work permit from outside Canada.
What is work?
Work is an activity for which wages are paid or commission is earned. An unpaid activity can also be “work” if it competes directly with activities of citizens or permanent residents in the Canadian labour market.
What is a work permit?
A work permit is a written authorization that is:
- issued by an officer that allows a person who is not a Canadian citizen or a permanent resident to work in Canada;
- needed if you want to work in Canada, even if your employer is not in Canada;
- usually valid only for a specific employer, job and length of time;
- issued based on a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC), or an Offer of employment from an LMIA-exempt employer.
Employer Compliance Regime
The Immigration and Refugee Protection Regulations (IRPR) have requirements that allow us to protect your rights when you work in Canada by making sure that your employer respects the terms of their offer of employment.
For a work permit application, we will evaluate your employer on:
- whether or not the offer of employment is genuine;
- their compliance history (within the past six years) with the commitments listed in their offer of employment with respect to:
- wages;
- working conditions; and
- the job;
- whether or not they follow Federal-Provincial or Territorial Laws; and
- whether or not they are banned from hiring a foreign national as per the IRPR.
Employers who have not complied with past commitments to foreign workers may be banned from hiring any foreign workers for a specific length of time. The length of the ban is noted on the public list of employers who have been found non-compliant.
You must not work for an ineligible employer.
Note: If your employer is a mission, foreign government, international organization or a bridge or tunnel authority, they may be exempt from the Employer Compliance Regime.
What is a Labour Market Impact Assessment (LMIA)?
An LMIA is a document from Employment and Social Development Canada (ESDC) that gives the employer permission to hire a temporary worker.
ESDC will assess the employer’s LMIA application to determine what impact hiring a temporary foreign worker would have on Canada’s job market. ESDC will issue a positive or negative LMIA letter to the employer. Your employer should give you a copy of this letter to include with your application for a work permit.
The LMIA is usually given for a specific period of time and the work permit issued will match that period. If you want to renew your work permit beyond this period, you will likely need a new LMIA.
Note: LMIA-exempt work permits have different conditions that are reviewed by IRCC or CBSA.
Offers of Employment from a specific employer for LMIA-exempt foreign workers
If you do not need an LMIA to work in Canada, your employer must submit an offer of employment to us through the Employer Portal. Your employer must give you an Offer of Employment number and pay the Employer compliance fee before you start your work permit application. The Offer of Employment number starts with the letter “A” and is followed by seven numbers.
If your employer does not need to pay the employer compliance fee, they must upload proof of their fee exemption in the Employer Portal.
Do I need a work permit?
You need a work permit if you are not a Canadian citizen or a permanent resident and you want to work temporarily in Canada.
Depending on the nature of the activity, you may be exempt from a work permit. In most cases, you will need one to work legally in Canada.
Find out if you need a work permit.
