Closed Work Permit

A Closed Work Permit is a specific type of work permit that allows a foreign national to work in Canada for a particular employer, in a defined job role, and at a specified location. Unlike an Open Work Permit, which grants flexibility to work for any employer, a Closed Work Permit ties the foreign worker to one employer and is contingent on the terms agreed upon in the job offer. This type of permit is essential for employers who need to hire foreign workers to fill labor shortages in specific roles where suitable Canadian workers are not available.

Closed Work Permits are commonly issued to skilled workers, professionals, and specialized laborers who meet the criteria for the roles offered by Canadian employers. These permits are a critical part of Canada's strategy to address labor market needs while ensuring that Canadian citizens and permanent residents are prioritized for job opportunities.

Key Features of a Closed Work Permit

The Closed Work Permit has several distinctive features that differentiate it from other types of work permits:

• Employer-Specific: The permit is tied to a specific employer, meaning the foreign worker is legally authorized to work only for that employer. The employer's details, such as name and address, are clearly mentioned on the permit.
• Job-Specific: The permit specifies the job title, duties, and conditions under which the foreign worker is authorized to work. Changing jobs or employers requires applying for a new work permit.
• Location-Specific: The permit generally restricts the worker to a particular geographic location, typically where the employer's business is situated.
• Duration-Specific: The permit is issued for a specific period, usually matching the length of the employment contract. It may be renewed or extended under certain conditions.
• Labor Market Impact Assessment (LMIA): In most cases, the employer must obtain a positive LMIA from Employment and Social Development Canada (ESDC) to prove that hiring a foreign worker will not negatively impact the Canadian labor market.
• Not a Direct Pathway to Permanent Residency: A Closed Work Permit does not automatically lead to permanent residency; however, the experience gained can be valuable for a future application under programs like Express Entry.

Eligibility Requirements for a Closed Work Permit

To qualify for a Closed Work Permit, both the employer and the foreign worker must meet specific eligibility criteria:

Employer Requirements

• The employer must have a valid job offer for a foreign worker.
• The employer must demonstrate a genuine need to hire a foreign worker and prove that no Canadian citizen or permanent resident is available to fill the position. This is usually done through a positive LMIA.
• The job offer must comply with Canadian labor laws, including fair wages, working conditions, and benefits.
• The employer must be willing to sponsor the foreign worker and provide the necessary documentation to support the work permit application.

Foreign Worker Requirements

• The foreign worker must have a valid job offer from a Canadian employer.
• They must meet the qualifications and experience required for the position, such as education credentials, professional certifications, and work experience.
• The applicant must demonstrate that they will leave Canada at the end of their authorized stay, except in cases where they apply for permanent residence.
• The applicant must show financial stability to support themselves and their family members during their stay in Canada.
• They must have no criminal record and may need to undergo a medical examination to prove they meet health requirements.

Detailed Process of Applying for a Closed Work Permit

The application process for a Closed Work Permit involves several steps that require both the employer and the foreign worker to collaborate closely to ensure all requirements are met. Here’s a detailed breakdown of the entire process:

Step 1: Employer Applies for a Labor Market Impact Assessment (LMIA)

The first step in hiring a foreign worker under a Closed Work Permit is for the employer to obtain a positive LMIA from Employment and Social Development Canada (ESDC). An LMIA confirms that there is a legitimate need to hire a foreign worker because no qualified Canadian citizens or permanent residents are available to fill the job.

• Determine if LMIA is Required: The employer must determine if an LMIA is required for the specific job. Some job categories are exempt from the LMIA requirement.
• Submit LMIA Application: The employer submits an LMIA application to ESDC, providing details about the job position, wages, benefits, and recruitment efforts to hire Canadians. The employer must also pay the LMIA processing fee (currently CAD 1,000 per application).
• Advertise Job Position: The employer must advertise the job position in Canada for at least four weeks to demonstrate that no suitable Canadian candidates are available. This includes posting the job on the Government of Canada’s Job Bank and using other recruitment methods.
• Receive Positive LMIA: If ESDC approves the application, they issue a positive LMIA to the employer, which allows them to proceed with hiring a foreign worker.

Step 2: Employer Provides Job Offer and LMIA to the Foreign Worker

Once the employer receives a positive LMIA, they provide the foreign worker with the necessary documents to apply for a Closed Work Permit.

• Provide Job Offer: The employer issues a formal job offer that includes details about the job role, salary, benefits, and working conditions. The job offer must meet Canadian labor laws and standards.
• Send LMIA Copy: The employer sends a copy of the positive LMIA and the LMIA number to the foreign worker. These documents are essential for the work permit application.

Step 3: Foreign Worker Applies for a Closed Work Permit

With the necessary documents in hand, the foreign worker can proceed with the work permit application.

• Gather Required Documents: The foreign worker must gather all necessary documents, including a valid job offer letter, a copy of the positive LMIA, proof of identity (passport, photographs), proof of qualifications (education credentials, professional certifications), police clearance certificates, and proof of financial resources.
• Submit the Application: The foreign worker applies for the Closed Work Permit online through the Immigration, Refugees and Citizenship Canada (IRCC) website or at a Canadian visa office in their home country. They must complete the application form and pay the required processing fee.
• Biometrics and Medical Examination: Depending on the applicant’s country of origin, they may need to provide biometrics (fingerprints and photo) and undergo a medical examination to ensure they meet health requirements.
• Application Review and Processing: IRCC reviews the application to ensure all requirements are met. This includes verifying the LMIA, job offer, qualifications, and the applicant’s admissibility to Canada. Processing times vary depending on the applicant’s country of residence and other factors.
• Receive Decision: If the application is approved, the foreign worker receives a Port of Entry (POE) Letter of Introduction. This letter is presented to a Canadian border services officer upon arrival in Canada.

Step 4: Arrival in Canada and Work Permit Issuance

After obtaining approval, the foreign worker can travel to Canada to begin their employment.

• Arrive in Canada: The foreign worker travels to Canada and presents the POE Letter of Introduction, passport, LMIA, and job offer letter to a border services officer.
• Receive Closed Work Permit: If all documents are in order, the border services officer issues the Closed Work Permit, specifying the employer, job position, location, and duration of employment.

Role of Facts Immigration Consulting in Processing a Closed Work Permit

At Facts Immigration Consulting, we provide comprehensive support to both employers and foreign workers throughout the entire process of obtaining a Closed Work Permit. Here’s how we help:

For Employers:

• Guidance on LMIA Requirements: We help employers determine whether an LMIA is required and guide them through the process of applying for one, including advice on job advertising, documentation, and compliance with Canadian labor laws.
• Preparation of LMIA Application: Our team assists in preparing and submitting the LMIA application, ensuring it meets all requirements and is complete and accurate.
• Job Offer Documentation: We help employers draft a compliant job offer letter and ensure that all terms and conditions are aligned with Canadian employment standards.
• Communication with Authorities: We liaise with ESDC and IRCC on behalf of the employer to address any issues or concerns during the LMIA or work permit application process.

For Foreign Workers:

• Eligibility Assessment: We assess the foreign worker’s eligibility for a Closed Work Permit and advise on any potential issues that may need to be addressed before applying.
• Application Preparation: Our team assists in gathering and preparing all necessary documents, ensuring they are complete and meet IRCC’s requirements.
• Application Submission: We help submit the work permit application online or at a Canadian visa office, guiding the foreign worker through each step of the process.
• Biometrics and Medical Guidance: We provide instructions on completing biometrics and medical examinations, if required, and ensure these are completed in a timely manner.
• Follow-Up and Communication: We keep track of the application status and provide regular updates to the foreign worker and employer, ensuring they are aware of any additional requirements or requests from IRCC.
• Pre-Arrival and Post-Arrival Support: We offer pre-arrival guidance to help the foreign worker prepare for their move to Canada and provide post-arrival support, including orientation and settlement services.

Conclusion

Obtaining a Closed Work Permit in Canada involves a multi-step process that requires careful planning and coordination between the employer and the foreign worker. At Facts Immigration Consulting, we provide end-to-end support to ensure a smooth and successful application process, helping both employers and foreign workers meet all requirements and achieve their goals of employment in Canada. By offering expert guidance, thorough preparation, and ongoing support, we aim to make the process as efficient and stress-free as possible.