Closed Work Permit in Canada: What You Need to Know

In Canada, a Closed Work Permit is a type of work authorization that allows foreign nationals to work for a specific employer and in a specific job position. This permit is tied to a particular employer, meaning that if you wish to change employers, you must apply for a new permit. This type of work permit is typically issued when an employer has already identified a foreign worker they wish to hire, and the worker has been selected based on a Labour Market Impact Assessment (LMIA) or an LMIA-exempt work permit application.

The Closed Work Permit is crucial for employers and foreign workers alike as it ensures that the worker is filling a role for which there is no available Canadian candidate. The process involves several steps, including securing a job offer from a Canadian employer, obtaining an LMIA if required, and then applying for the work permit itself.

Understanding the Closed Work Permit process helps both employers and prospective employees navigate the Canadian immigration system more effectively. Below, we will explore the details of the Closed Work Permit, including the eligibility requirements, application process, and key considerations for both employers and employees.

1. What is a Closed Work Permit?
A Closed Work Permit allows a foreign worker to work only for the employer who has been approved to hire them, in the specific job that has been offered. Unlike an Open Work Permit, which allows workers to switch employers, a Closed Work Permit restricts employment to the designated employer. This type of permit is beneficial for employers who need to fill a specific position with a foreign worker due to a lack of available skilled Canadian workers.

2. Eligibility Criteria
To qualify for a Closed Work Permit, several conditions must be met:

• Job Offer: The foreign worker must have a formal job offer from a Canadian employer.
• Labour Market Impact Assessment (LMIA): In most cases, the employer must obtain a positive LMIA, which indicates that there is no Canadian worker available to fill the job. Some exemptions apply, such as for intra-company transferees or international agreements like NAFTA.
• Proof of Qualifications: The worker must demonstrate that they meet the qualifications and experience required for the position.
• Admissibility: The worker must pass health and security checks to ensure they are admissible to Canada.

3. Application Process
The application process for a Closed Work Permit involves several key steps:

• Step 1: Obtain a Job Offer: Secure a job offer from a Canadian employer who is willing to sponsor the work permit.
• Step 2: Employer Applies for LMIA: If required, the employer submits an LMIA application to Employment and Social Development Canada (ESDC) and receives a positive LMIA.
• Step 3: Gather Required Documents: Collect all necessary documents, including the job offer letter, LMIA (if applicable), proof of qualifications, and other supporting materials.
• Step 4: Submit Work Permit Application: Apply for the Closed Work Permit through Immigration, Refugees and Citizenship Canada (IRCC) online or at a Canadian visa office.
• Step 5: Await Decision: The application will be reviewed, and if approved, a work permit will be issued allowing the worker to start employment in Canada.

4. Important Considerations

• Validity and Duration: The Closed Work Permit is valid for the duration of the job offer, up to a maximum period specified by the permit. Extensions may be possible if the job continues and the employer agrees.
• Employer Obligations: Employers must comply with Canadian labor laws and ensure that the conditions of employment match those described in the LMIA and work permit application.
• Changing Employers: If the foreign worker wishes to change employers, they must apply for a new Closed Work Permit with the new employer’s job offer and, if necessary, a new LMIA.

5. Benefits and Challenges

• Benefits: For employers, a Closed Work Permit ensures that they can hire a foreign worker who meets specific needs. For workers, it provides an opportunity to work in Canada in a role that matches their skills and qualifications.
• Challenges: The process can be complex and time-consuming, requiring careful coordination between the employer and employee. Additionally, workers are restricted to working only for the designated employer and may face challenges if they wish to switch jobs.

6. Alternatives to Closed Work Permits
In some cases, foreign workers might consider other types of work permits, such as Open Work Permits, which offer greater flexibility. Open Work Permits are not tied to a specific employer and may be available under certain conditions, such as for spouses of skilled workers or international students.

7. Conclusion
Navigating the Closed Work Permit process can be intricate, but understanding the key requirements and steps can greatly facilitate the experience for both employers and foreign workers. By adhering to the regulations and preparing thoroughly, both parties can benefit from the opportunities that a Closed Work Permit offers.