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Home/Law & Taxes/Canada/Immigration & Status/Work & Study Permits/Work permits and the LMIA

Immigration & Status · Work & Study Permits

Work permits and the LMIA

Employer-specific vs open work permits, when a Labour Market Impact Assessment (LMIA) is needed, and the International Mobility Program.

9 min read·Canada·Updated 9 Jul 2026Reviewed
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If you're planning to work in Canada as a newcomer, understanding the difference between employer-specific and open work permits—and when a Labour Market Impact Assessment is needed—is essential to your success. This guide walks you through Canada's work permit system, the role of the LMIA, and your options under the International Mobility Program, so you can navigate the process with confidence.

Employer-Specific vs Open Work Permits

Canada issues two main types of work permits: employer-specific (closed) permits and open work permits. The type you qualify for depends on your situation and affects where and for whom you can work.

Employer-Specific (Closed) Work Permits

A closed work permit ties you to one employer, one position, and often one specific location. Your permit will list the employer's name, the job title, and where you'll work. If you secure a job offer from a Canadian employer willing to sponsor you, this is the most common route. Most employers need to obtain a Labour Market Impact Assessment (LMIA) before they can hire you on a closed permit, though some positions are LMIA-exempt under the International Mobility Program.

The benefit of a closed permit is job security—you have a guaranteed position, and completing work on an LMIA-supported job offer can strengthen your path to permanent residence (PR). However, if you lose your job or the employer reports your departure, your legal status in Canada is at risk unless you have another valid permit or status. You also cannot simply switch employers; if you want to change jobs, you must apply for a new work permit.

Open Work Permits

An open work permit gives you freedom: you can work for any employer in Canada (with narrow restrictions), change jobs without applying for a new permit, and are not locked into a specific role or location. Open work permits do not require a job offer or an LMIA before you apply. However, they are only available to certain categories of people—you cannot simply apply for an open permit on your own.

Common routes to an open work permit include being the spouse or common-law partner of an eligible skilled worker or student, graduating from a Canadian post-secondary institution (Post-Graduation Work Permit), participating in International Experience Canada (such as a working holiday program), or being sponsored for permanent residence while living in Canada. Open work permits offer workplace flexibility and are highly desirable, but eligibility rules have become more restrictive and they typically take longer to process than closed permits.

Tip: Job Security and Abuse Protection

If you hold a closed work permit and experience or are at risk of abuse in your workplace, you may apply for an Open Work Permit for Vulnerable Workers, which lets you leave an unsafe situation without losing legal status. Canada takes workplace protection seriously—reach out to local settlement services or IRCC for guidance if needed.

The Labour Market Impact Assessment (LMIA)

The LMIA is a document that Employment and Social Development Canada (ESDC) issues to confirm that hiring a foreign worker will not negatively affect Canada's labour market. It is the employer's job to obtain the LMIA, not yours—but understanding what it is and when it is required helps you work with your employer and plan your timeline.

When an LMIA Is Required

Most employers need an LMIA to hire temporary foreign workers under the Temporary Foreign Worker Program (TFWP). To qualify for a positive LMIA, the employer must prove there are no qualified Canadian citizens or permanent residents available for the job. They must advertise the position for at least 4 weeks (8 weeks for low-wage positions as of April 2026) across the Canadian job market, including on the Canada Job Bank. They must also demonstrate they offered wages at or above the prevailing wage for that occupation in the region and made genuine recruitment efforts to hire locally before turning to foreign workers.

The LMIA process is not fast. Processing times range from about 8 business days to 5 months, depending on the job category and volume of applications. Your employer will pay a non-refundable fee of $1,000 CAD per position; it is illegal for employers to pass this cost to you, and doing so can result in fines and bans.

LMIA-Exempt Streams (International Mobility Program)

Not all work permits require an LMIA. The International Mobility Program (IMP) allows employers to hire certain foreign workers without an LMIA because Canada's government considers these hires to be in Canada's broader economic, cultural, or social interests.

  • Professionals covered by free trade agreements such as CUSMA (formerly NAFTA), CETA, or other bilateral agreements
  • Intra-company transferees: senior managers, specialists, or executives moving within a multinational corporation to a Canadian branch
  • Post-Graduation Work Permit (PGWP) holders: recent graduates of eligible Canadian educational programs
  • Spouses or common-law partners of eligible skilled workers or students (spousal open work permits, though eligibility has been restricted since January 2025)
  • International Experience Canada (IEC) participants, such as working holiday permit holders
  • Workers in certain academic, charitable, or religious roles
  • Individuals with significant social or cultural benefit to Canada

If your position falls under an LMIA exemption, your employer will submit an electronic offer of employment through the IRCC Employer Portal and pay a smaller compliance fee (usually $230, though some categories are fee-exempt). This streamlines the hiring process and is generally faster and cheaper than the full LMIA route.

Spousal Open Work Permits and Changing Employers

If you are married to or in a common-law partnership with a person on a valid work or study permit in Canada, you may be eligible for a spousal open work permit (SOWP). This is an important option for keeping families together while one partner works or studies.

Recent Changes to Spousal Eligibility

On January 21, 2025, IRCC significantly tightened spousal open work permit eligibility. The rules now depend on your partner's status: if your partner is a foreign worker, their job must be classified as TEER 0 or TEER 1 (where TEER stands for Training, Education, Experience and Responsibilities), or be in a select list of TEER 2 or 3 occupations. Your partner's work permit or authorization must also be valid for at least 16 months after IRCC receives your application. If your partner is an international student, they must be enrolled in a master's program of at least 16 months, a doctoral program, or one of IRCC's designated professional degree programs (general bachelor's and most college diplomas no longer qualify). These restrictions do not apply to spouses being sponsored for permanent residence through family class.

The fees for a spousal open work permit are $155 CAD for the work permit processing fee and $100 CAD for the open work permit holder fee (total $255), plus $85 for biometrics if required. As of March 2026, spousal open work permits applied for inside Canada are taking approximately 259 days (8.5 months) to process—significantly longer than in previous years. Plan your household finances accordingly and do not begin working until your permit is in hand.

Changing Employers on a Closed Work Permit

If you hold a closed work permit and want to change employers, you cannot simply switch jobs. You must apply for a new work permit. Your new employer will need to obtain a new LMIA (or qualify for an LMIA exemption) and submit a new job offer. Until your new permit is approved, you cannot legally work for the new employer—working without authorization can jeopardize your immigration status. However, Canada has a temporary policy (renewed through 2026) that allows many foreign workers on closed permits to continue working for their current employer while a new permit application is being processed, provided you have applied for a change and received confirmation from IRCC.

Important: Application Deadlines and Compliance

Never work for a new employer until your new work permit is approved and you have received official authorization. Working without a valid permit is illegal and can result in deportation, fines, and being barred from future immigration applications. When applying for a new permit, submit all documents accurately and on time—incomplete or late applications may be returned or refused. If your employer is unwilling to sponsor you, seek advice from a settlement organization or a Regulated Canadian Immigration Consultant (RCIC) before making any employment changes.

Work Permit Fees and Processing

Understanding the costs and timelines involved helps you plan your move and set realistic expectations.

  • Work permit processing fee (employer-specific or open): $155 CAD
  • Open work permit holder fee: $100 CAD (only if applying for an open work permit)
  • Biometrics (fingerprints and photo): $85 CAD per person (valid for 10 years, required for citizens of most countries)
  • LMIA application fee: $1,000 CAD (paid by the employer under the Temporary Foreign Worker Program)
  • International Mobility Program employer compliance fee: $230 CAD (unless exempt)

Work permit processing times vary by country and application type. In-Canada applications typically take 2–12 weeks, though times are longer for applications from high-volume countries (India, Philippines, Vietnam). No expedited processing is available for work permits. Once your work permit is approved, you will either receive your physical permit by mail (if approved inside Canada) or a letter of introduction to present at a Canadian port of entry (if approved from outside Canada).

Understanding Your Rights

Your employer is responsible for paying the LMIA fee and following labour standards under federal and provincial law. It is your right to be paid fairly, to work in safe conditions, and to have your employment contract respected. If you experience wage theft, unsafe working conditions, or threats tied to your immigration status, contact your provincial labour ministry, local settlement services, or the Canadian Labour Congress for help. Your immigration status does not prevent you from reporting abuse or demanding your rights.

Key Takeaways

  1. Closed work permits tie you to one employer; open work permits let you work for any employer. Most first-time work permits are closed.
  2. An LMIA is a labour market test your employer must obtain to prove no Canadian can do the job. It costs $1,000 and takes weeks to months.
  3. The International Mobility Program (IMP) offers LMIA exemptions for certain categories: free trade professionals, intra-company transfers, international students, working holiday participants, and others.
  4. Spousal open work permits allow partners of eligible skilled workers and students to work in Canada, but eligibility became more restrictive in 2025 and processing times are now 8–9 months.
  5. If you change employers on a closed permit, you cannot work for the new employer until a new permit is approved. Never work without authorization.
  6. Work permit fees start at $155 CAD; biometrics add $85. Always verify current fees on canada.ca before applying.
  7. Consult a Regulated Canadian Immigration Consultant (RCIC) or settlement organization if you are unsure about your options or have experienced workplace abuse or mistreatment.

Keep reading — Work & Study Permits

Study permits and the post-graduation work permitStudying in Canada and turning it into work experience with the Post-Graduation Work Permit (PGWP).Extending your stay & maintained statusHow to extend a permit before it expires, what 'maintained status' means, and restoration if you miss the date.Processing times, biometrics and tracking your fileIRCC publishes live processing times for every application type — check them before you panic, and know when a webform is worth sending.
Trusted sources
IRCC — Who needs a Labour Market Impact AssessmentENIRCC — International Mobility Program: Who you can hireENIRCC — Open work permits for family members of foreign workers: EligibilityENIRCC — Sponsor your spouse, partner or child: Open work permit in CanadaENIRCC — Citizenship and immigration application fees: Fee listENESDC — Hire a temporary foreign worker with an LMIAEN
Ask in Community →More on Work & Study Permits →
Official Government of Canada website — Canada.caEN

Independent app, not a government. General information, not legal advice.