Comprehensive reference for Ontario immigration lawyers — LMIA process, exemption categories, open permit streams, and employer compliance obligations.
Work permit law in Canada is a complex intersection of federal immigration regulations (IRPA, IRPR), ESDC labour market policy, and trade agreements. Ontario immigration practitioners regularly navigate LMIA applications, exemption categories, post-graduation work permits, and employer compliance obligations. This guide covers the key streams and practical considerations.
| Permit Type | Who Qualifies | Duration |
|---|---|---|
| Post-Graduation Work Permit (PGWP) | Graduates of eligible Canadian DLIs | Up to 3 years (equal to program length) |
| Spouse/CLP of Skilled Worker (CEC/FSW) | Spouse of principal applicant in NOC TEER 0/1/2/3 | Employer-specific or open depending on category |
| Refugee Claimant / Protected Person | Inland refugee claimants with eligible status | Until hearing/determination |
| Bridging Open Work Permit (BOWP) | Temporary residents with pending PR application | Duration of implied status |
| International Experience Canada | Youth from IEC partner countries | 12-24 months depending on stream |
| Destitute Student | Students who become unable to financially support themselves | Short-term until situation resolved |
The International Mobility Program (IMP) covers LMIA-exempt work permits under various trade agreements and public policy grounds. Understanding which exemption applies drives the entire strategy for work permit applications.
Trade agreement — Canada-US-Mexico Agreement
International Agreement / Significant Benefit
Trade agreement
Public policy — C-10/C-11
International Experience Canada
When no LMIA exemption applies, the employer must obtain a positive Labour Market Impact Assessment from Employment and Social Development Canada (ESDC) before the foreign national can apply for a work permit.
The GTS offers a 2-week LMIA processing target for eligible tech employers hiring under Category A (unique talent) or Category B (listed occupations in tech). GTS LMIAs do not require the standard 4-week job advertisement for Category A positions. Participating employers must comply with a Labour Market Benefits Plan committing to measurable benefits for Canadian workers.
Employers who hire under the TFWP face ongoing compliance obligations. ESDC conducts inspections — both announced and unannounced — and violations can result in serious consequences.
A closed (employer-specific) work permit authorizes work for one named employer in a specific location and occupation. An open work permit allows the holder to work for almost any Canadian employer. Open work permits are available for specific categories: spouses of skilled workers, post-graduation work permit holders, refugee claimants, and certain other groups.
An LMIA (Labour Market Impact Assessment) is required when there is no applicable LMIA exemption. Common LMIA exemptions include CUSMA (USMCA) professionals and traders, Intra-Company Transfers (ICTs), International Agreements (e.g., CETA, CPTPP), Significant Benefit to Canada (C-10/C-11), and International Experience Canada.
The PGWP duration matches the length of the study program, up to a maximum of 3 years. Programs 8 months to under 2 years yield a PGWP equal to program length. Programs 2 years or longer yield the maximum 3-year PGWP. Students must apply within 180 days of receiving written confirmation of graduation.
TFWP employers must: maintain wages, working conditions, and job duties as approved in the LMIA; provide workplace safety and accommodation if agreed; maintain records for 6 years; submit compliance information upon ESDC request; not mistreat workers. ESDC conducts random and complaint-based inspections. Non-compliance can result in fines, bans from the program, and public disclosure.
Track LMIA timelines, work permit renewals, and client deadlines — built for Ontario immigration practitioners.
Start Free Trial