Overview
Understand the pathway before you act.
Eligibility, timing, evidence and risk should be assessed together before an application or response is prepared.
An employer-specific work permit authorizes work under the conditions printed on the permit, commonly including the employer, occupation, location and validity period. The employer’s immigration step and the worker’s application must use the same job, legal basis and supporting facts.
Confirming the employer pathway
Before the worker applies, the employer normally needs either a positive Labour Market Impact Assessment or a valid LMIA exemption. The job title alone does not determine the route. The business, duties, wage, work location, worker’s qualifications and any exemption requirements must be reviewed together.
LMIA-based work permits
For an LMIA-based application, the employer normally completes the labour market process first and gives the worker the positive LMIA documents and job offer. The work-permit application must remain consistent with the approved position and show that the worker can perform the job and meets the general temporary-worker requirements.
An LMIA is not a work permit and does not guarantee that the worker’s application will be approved.
LMIA-exempt work permits
An LMIA exemption must be supported by a specific legal or program category. In most employer-specific exemption cases, the employer submits an offer through the Employer Portal, pays the compliance fee and provides the worker with the generated offer number before the work-permit application is filed. Some exemptions follow different instructions.
The application should explain how the worker, employer and proposed duties meet every element of the exemption rather than relying on the exemption code alone.
A job offer, LMIA, Employer Portal submission or filed application does not by itself authorize the person to begin working in Canada. Work should begin only when the required authorization is in place.
Worker eligibility and supporting evidence
The worker must meet the general requirements and any occupation-specific requirements. The application may need evidence of education, experience, licensing, language ability, medical admissibility, temporary purpose and current status. The instructions differ for applications made outside Canada, inside Canada or, where permitted, at a port of entry.
Coordinating employer and worker records
Inconsistent duties, wage, location, dates or business information can undermine the application and create later compliance problems. The employer should retain the required records and understand that the worker must be employed under the approved conditions. A later job or employer change belongs in the separate status and extension guide.
How Beyond Borders Law can help
- Determine whether the position is LMIA-based or may be LMIA-exempt.
- Coordinate the employer and worker portions of the process.
- Prepare the worker’s employer-specific work-permit application.
- Review qualifications, status, admissibility and documentary consistency.
- Direct a refused permit or negative employer decision to the appropriate refusal-review pathway.
Gather passport and status documents, detailed job offer and contract, job duties, wage and location, worker education, experience and licensing, positive LMIA or exemption basis, Employer Portal offer number where required, employer business records, and previous immigration applications.
Official information: IRCC employer-specific work-permit guidance, work-permit document guidance and the Employer Portal.
This guide provides general information. An inquiry does not create a lawyer-client relationship. Advice and representation begin only after the firm confirms scope and a retainer is completed.