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Work Permits, Study Permits, and Visitor Visas

Work Permit

The Open Work Permit and the Employer-Specific Work Permit are the two types of work permits in Canada.

Open Work Permit:  The Immigration Office issues a Canadian Open Work Permit (OWP) to foreign nationals who are eligible and wish to work for a Canadian employer over a specific period of time. A worker may apply for OWP from within Canada, at a port of entry to Canada, or even outside of Canada. The employer can be anyone except for one that either: i) is listed as ineligible on the list of employers, or ii) regularly offers striptease, erotic dance, escort services or erotic massages. Work Permits are only granted to certain individuals who are exempt from the Labour Market Impact Assessment (LMIA) requirement and in specific situations, and some OWP may restrict the type of job or place where the foreign national may find work. Unrestricted and occupation-restricted Permits are the two subcategories of OWP. Unrestricted work permits are generally granted to eligible workers are who have passed the medical exam or those who belong to a certain group of permanent residents living in Canada. The unrestricted open work permit allows a foreign national to work in any industry and for any employer, but occupation-restricted permits do not. Occupation-restricted permits are generally granted to eligible works who have not completed a medical exam and are thus not allowed to work in childcare, health care, or sometimes even farming-related jobs. An OWP may also have a restriction listed for the province in which the foreign national may be able to work. The occupation-restricted open work permit allows a foreign national to work for any employer, but only in the specific occupation listed on the work permit; thus restricting a foreign national’s options for employment when seeking work within Canada.

Generally, a foreign national may be eligible to apply for an OWP if:

  • They have no other means of support;
  • They have applied for Canadian citizenship;
  • They are a temporary resident holder;
  • They are a certain kind of permanent resident applicant living in Canada;
  • They hold a work permit that will soon expire and who have submitted an application for permanent residence under specific programs;
  • They hold an employer-specific work permit and are at risk of abuse in relation to their job in Canada;
  • They are a dependent relative of a Canadian citizen and has applied for permanent residence;
  • They are the spouse, common-law partner or dependent child of a low- or high-skilled worker;
  • They are the spouse or common-law partner of an International Student in Canada;
  • They qualify for the Post-Graduation Work Permit Program as an International Graduate Student from a designated learning institution;
  • They are in Canada and being sponsored as a spouse, common-law partner, conjugal partner or accompanying dependent child;
  • They are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program;
  • They are a refugee, refugee claimant, protected person or their family member.

*Note: In each of these situations, the foreign national must meet additional criteria to be eligible.

Employer-specific open work permit: This type of Work Permit differs from an OWP in the sense that it will only allow foreign nationals the ability to work in Canada according to certain conditions on the employer-specific work permit. Such conditions may include the name of a specific employer the foreign national can work for, the specified period of time the foreign national is eligible to work, and the location in which the foreign national can work. A Canadian employer must provide specific paperwork when recruiting a foreign national eligible to work in Canada. Such paperwork includes a copy of the employment contract and either: i) a copy of a LMIA, or ii) an offer of employment number (for LMIA-exempt workers).

General Criteria for Issuance of Work Permits:

  • The immigration officer must be convinced that the foreign national will depart, cease to work, or renew prior to or as soon as the work permit expires;
  • The foreign national must demonstrate that they have adequate financial resources to cover expenses while staying in Canada, as well as those of any potential companions;
  • The foreign national must not have a criminal history;
  • The foreign national must not be a threat to endanger Canada’s security in any way;
  • The foreign national must not have any significant medical conditions that could have an impact on the residents of Canada.

 

Study permit

Study permits allow International Students the ability to enroll in courses at schools, universities or colleges in Canada that have been approved by a provincial or territorial government to host international students (“Canadian-Designated Learning Institution” or “DLI”). An international student may apply for a Canadian study permit if they wish to study in Canada or extend their existing permit, and they may also explore their eligibility to work while they study or after graduation. A study permit should always be applied for before the international student travels to Canada, and a study permit does not let you enter Canada. An international student will require a visitor visa or an Electronic Travel Authorization (eTA) which will be issued along with the study permit if it is approved. A study permit can have various conditions such as whether the international student can work in Canada, travel within Canada, the specific date the international student must leave Canada, where the international student can study, and whether an immigration medical examination is required.

Study Permit Eligibility Requirements:

  • Before applying for a study permit, the international student will need to have a letter of acceptance from a school designated as an DLI;
  • The international student must also be enrolled at the DLI, make progress toward finishing the study program, respect the conditions listed on the permit, stop studying if no longer meeting the requirements, and leave Canada when the permit expires;
  • The international student must demonstrate that they have sufficient financial resources to cover tuition costs, living expenses for themselves and any family members travelling with them to Canada, as well as for the return transportation back home;
  • The international student will need a valid passport or travel document;
  • The international student must comply with Canadian laws, have a clean criminal record, and obtain a police certificate (if required);
  • The international student may need to give biometrics (fingerprints and photograph) when applying for a work permit, study permit, or visitor visa. This would require the applicant to go in person to the Visa Application Centre to submit their study permit application at the same time the biometrics are collected;
  • The international student must be in good health and obtain a medical examination (if necessary);
  • The international student must demonstrate to an officer that their visit to Canada will cease when the study permit expires.

*Note: An international student who is a legal resident in certain countries may be able to get a study permit faster by applying through the Student Direct Stream.

An international student does not require a permit to study in Canada if:

  • The educational program lasts only 6 months or less (still requires visitor visa);
  • You are a family or staff member of a foreign representative to Canada;
  • You are a member of a foreign armed forced from a designated country;
  • You are a citizen of another country with Registered Indian status in Canada;
  • You hold a valid work permit that was issued on or before June 7, 2023; or
  • You have been issued a letter on or before June 7, 2023 authorizing you to work while your work permit application is processed;
  • The educational program is a French Language and Cultural Integration Course in Quebec (eligibility requires applicants to be temporary resident or asylum seeker in Canada);
  • The educational program is a settlement and integration course offered by a provincial or territorial government to help you settle into Canada;
  • They are a minor child who is: either a refugee or refugee claimant, the child of a refugee or refugee claimant, the child of a Canadian citizen or permanent resident of Canada, attending preschool primary school or secondary school and are accompanied by a parent who has authorization to study or work in Canada, unaccompanied and attending preschool, primary school or secondary school. (Note: minor children are recommended to get study permits even if they don’t need one, especially if they plan to keep studying upon the age of majority).

 

Visitor Visa

A foreign national with visitor status may be permitted to travel, visit family and friends, do business, or transit through Canada for up to 6 months. At the port of entry, the length of time a foreign national will be allowed to stay in Canada will be determined by a border services officer. A foreign national may need a visitor visa or an eTA, depending on various factors. The visitor visa (also known as a temporary resident visa) is an official documentation that demonstrates that the foreign national meets the requirements and is eligible to enter and stay in Canada for a specified period of time. The foreign national’s passport will be stamped and marked with the date they will need to leave Canada by or if no stamp, the foreign national can stay for 6 months from their date of entry to Canada or until their passport expires. Sometimes, a visitor visa or eTA may also be required for the transit through a Canadian airport on the way to a final destination.

Basic Visitor Eligibility Requirements:

  • Foreign national must possess a valid travel document, such as a passport;
  • Foreign national must be in good health and have no criminal or immigration-related convictions;
  • Foreign national must persuade the immigration officer that they will leave Canada after their permitted visit;
  • Foreign national must persuade an immigration official that they have ties to their native country, such as a job, residence, financial resources, or family that will take them back to their country;
  • Foreign nationals must have sufficient funding for their stay, depending on their plans for accommodations and the duration of their visit.

 

  1. Government of Canada, Work permit: About the process (August 22, 2023) online: Immigration and Citizenship <https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html>
  2. Government of Canada, Study permit: Who can apply (September 12, 2023) online: Immigration and Citizenship <https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/work-permit.html>
  3. Government of Canada, Visitor visa: Who can apply (September 14, 2023) online: Immigration and Citizenship <https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eligibility.html>

 

NOTE: This article has been written for general information purposes only and does NOT constitute legal advice. For further questions and/or legal advice please consult a qualified lawyer.