Is LMIA Required for Open Work Permit in Canada or Not? 

Is LMIA Required for Open Work Permit in Canada or Not? 

The current Canada immigration system has flaws that people trying to understand and navigate through get frustrated to understand what is needed in terms of various types of work permits. Many aspiring immigrants have asked whether or not LMIA is required for an open work permit in Canada. In this article, we are going to look at the facts that would answer this question. And, when is LMIA required for an Open Work Permit in Canada, and when is not.

Understanding Open Work Permits

An Open Work Permit allows a foreign worker to work in Canada for any employer except those that are prohibited. In fact, this kind of permit is so appealing with its flexibility in selecting the job. Yet, obtaining an Open Work Permit could very much differ from an Employer-Specific Work Permit, which, as has been traditional, demands an LMIA.

What is LMIA?

A Labour Market Impact Assessment is a document an employer in Canada may need to obtain before they hire a foreign worker. The goal of the LMIA is to demonstrate that hiring a foreign worker will not harm the Canadian labour market. Essentially, it is evidence of efforts on the part of the employer to fill that position with Canadians or permanent residents before determining no one was available for hire.

When is LMIA Required for Open Work Permit in Canada?

Straight answer is No, it is not typically required. However, there are situations that apply and specific scenarios. Learn when LMIA applies:

• International Experience Canada (IEC): In fact, one of the easiest ways to obtain an Open Work Permit with no LMIA requirement is through the IEC program, which is a youth exchange program, for that matter. The IEC program is the name of an exchange initiative granted to youth from certain countries to work and travel in Canada. Under that, participants can apply for an Open Work Permit with no requirement for an LMIA.

• Work Permits for Spouses or Common Law Partner:  The spouse or common law partner of a skilled worker or international student currently in Canada may be eligible for an Open Work Permit. Given that no LMIA is required, it is easier for the spouse or common-law partner to find employment with the spouse or common-law partner living in Canada.

• Post-Graduation Work Permit (PGWP): An international student can apply for the PGWP if he or she has completed a program of study at a designated learning institution in Canada. This permit will allow him or her to work in any job without the LMIA, provided he or she otherwise satisfies the eligibility criteria.

• Refugee Claimants: Refugee candidates can apply for an Open Work Permit while their refugee claim is being processed in Canada. LMIA is not required in that scenario, either.

• Specific Permanent Resident Applicants: Certain permanent residence applicants under specific immigration streams can obtain an Open Work Permit and thus do not require LMIA, either.

Cases Where LMIA is Required

Although, in most cases, LMIA is not applied to an Open Work Permit, there are specific cases when a foreign worker shall need one at all costs:

• Transitioning from Temporary to Permanent Jobs: If an employer intends to hire a foreign worker permanently after engaging him on a temporary basis, he may need to apply for an LMIA because this shall be the first job he has been engaged on permanently under an Open Work Permit.

• Employer-Specific Work Permits: In some situations, an Open Work Permit is converted to an Employer-Specific Work Permit. Once converted, a Labour Market Impact Assessment may be required to validate the employment position.

Advantages of LMIA required for Open Work Permit in Canada

The flexibility allowed in LMIA required for open Work Permit in Canada is very attractive to many foreign workers. A smooth adaptation to the Canadian job market is enabled, since any change of employers does not involve a long potentially LMIA process. Of course, the advantage is most beneficial for people coming into the country in industries with cyclical demand fluctuations or those still seeking their place in the Canadian job market.

Applying for an Open Work Permit

Applicants may need to submit the following documents to apply for a LMIA required for Open Work Permit in Canada, depending on the eligibility category:

• A fully completed application form
• Evidence of eligibility: proof of registration in an educational institution for the case of PGWP applicants
• Particular additional documents pertinent to the application category : proof of relationship with a spouse as a sponsor.

One should ensure all relevant documents are submitted properly so that the delay or rejection is not incurred.

The response to the question of  LMIA required for Open Work Permit in Canada, for most cases, will have to be a categorical “no.” Familiarity with these modulations therefore empowers prospective immigrants in order that they can make self-informed decisions on their applications for work permits. LMIA is not common for open work permits but is usually necessary for specific situations that tend to happen as one transitions into more permanent roles.

The  LMIA required for an Open Work Permit in Canada is also useful for people. It opens up an opportunity to test your employment options minus the burden of LMIA. For instance, being a new graduate or the spouse of a skilled worker or an IEC program participant puts you in a pretty comfortable position to start all over again in Canada.

While you are on your journey, do keep in mind that immigration policies do change, so, for this reason, not only would it be advisable to stay current but also get proper advice from immigration professionals in order to understand the requirements and your options best. It is worth noting that while most LMIA is not required for an Open Work Permit in Canada, check your specific case to confirm whether you are eligible.

Apply Now