Canada offers two main categories of work permits: open work permits and employer-specific (closed) work permits. While both allow foreign nationals to work in Canada legally, they differ significantly in terms of flexibility, eligibility criteria, employer obligations and freedom of movement within the Canadian labour market. Understanding these distinctions is crucial for anyone planning to work in Canada under a temporary foreign worker arrangement.
What Is an Open Work Permit
An open work permit is a permit that allows the holder to work for almost any employer in Canada, with very few restrictions. Key features include:
- The permit is not tied to a specific employer, job, or location.
- The holder may change employers or sectors without applying for a new permit (unless a new permit is required for other reasons).
- It does not necessarily require a Labour Market Impact Assessment (LMIA), unlike many employer-specific permits.
- It provides a high degree of flexibility and mobility in the Canadian job market.
- Open work permits are commonly granted under special immigration programs such as:
- Post-graduation work permit (PGWP) for recent graduates of Canadian post-secondary institutions.
- Spouse or common-law partner open work permit for certain temporary residents.
- Bridging open work permit (BOWP) while awaiting permanent residence.
More information about open work permits is available on the official Government of Canada website: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit.html
What Is an Employer-Specific Work Permit
An employer-specific work permit (sometimes called a “closed” permit) ties the worker to a single employer, specific job position, and location. Key features include:
- The permit is issued based on a job offer from a specific employer.
- Often, the employer must obtain a valid LMIA or qualify for an LMIA-exemption stream.
- The foreign worker is required to work in the job described in the permit, and changing employers generally requires a new application or variation.
- This type of permit is common under the Temporary Foreign Worker Program (TFWP) and certain International Mobility Program (IMP) streams.
- The permit includes detailed conditions: employer name, job title, location, salary, and job duties.
Detailed guidance is available at: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/permit-employer-specific.html
Key Differences Between Open and Employer-Specific Permits
Here are the main differences in bullet form:
- Employer flexibility:
- Open: work for almost any employer.
- Employer-specific: tied to one employer and specific job.
- LMIA requirement:
- Open: usually no LMIA required (though applicable exemptions or criteria must be met).
- Employer-specific: often requires an LMIA or an LMIA-exempt job offer.
- Job mobility:
- Open: change jobs freely without reapplying (subject to other permit conditions).
- Employer-specific: changing jobs typically requires a new application or amendment.
- Sector and location restrictions:
- Open: fewer restrictions; may work across sectors.
- Employer-specific: detailed restrictions by job title, duties, location.
- Pathway to permanent residence:
- Open: often linked to programs that lead to PR (e.g., PGWP, spouse work permits).
- Employer-specific: can lead to PR but may require employer support and meeting job/employer continuity.
- Application process:
- Open: simplified process for many streams; fewer employer obligations.
- Employer-specific: more complex employer obligations, LMIA process, job market testing.
Common Situations Where Open Work Permits Are Granted
Some of the most common open work permit scenarios include:
- Graduates who have completed a program at a designated learning institution and qualify for a Post-Graduation Work Permit (PGWP).
- Temporary residents with an employer-specific permit who apply for a Bridging Open Work Permit while their permanent residence application is in process.
- Spouses or common-law partners of eligible temporary residents (e.g., skilled workers or students) under the spousal open work permit eligibility.
- Vulnerable workers and certain international agreements where open permits are issued under IMP streams.
Employer-Specific Work Permit Scenarios
Typical employer-specific permit scenarios include:
- A Canadian employer recruiting a temporary foreign worker under the TFWP with a positive LMIA.
- An international mobility job offer where the employer is exempt from LMIA but the job is still specific to that employer.
- Jobs in high-demand sectors where an employer has undertaken training of Canadians and qualified for an LMIA exemption stream.
Pros and Cons of Each Permit Type
Open Work Permit — Pros:
- Maximum flexibility and mobility in the job market.
- Less tied to one employer, reducing risk if job ends prematurely.
- Easier switch of job, sector, or location.
- Commonly linked to pathways leading toward permanent residence.
Open Work Permit — Cons:
- Eligibility criteria may be stricter or limited to specific categories.
- May not provide immediate access to certain high-skill employer-specific opportunities.
Employer-Specific Work Permit — Pros:
- Clear job offer and job security with employer support.
- Potential for employer-backed pathways to permanent residency in many cases.
- Access to a broader range of jobs, including some not covered by open permits.
Employer-Specific Work Permit — Cons:
- Locked to one employer; changing jobs is more difficult.
- Dependent on employer’s continued compliance and support.
- Requires LMIA or employer-specific obligations that can delay process.
How to Choose Between the Two Types
When deciding, consider:
- Your career flexibility and whether you want the option to change jobs or employers.
- Whether you have a specific job offer already.
- Which immigration pathway you intend to pursue (temporary vs. permanent).
- The employer’s willingness to support job-specific sponsorship (LMIA, compliance).
- Your risk-tolerance for being tied to one employer vs. having broader mobility.
Application Requirements and Process — Open Work Permit
Key steps typically include:
- Determine your eligibility (e.g., PGWP, spouse work permit, bridging open permit).
- Gather required documents: valid passport, proof of previous status or student credentials, job offer (if needed), legal relationship proof (spouse/partner streams).
- Complete the open work permit application online through IRCC.
- Pay required fees and biometrics.
- Submit and wait for a decision.
Application Requirements and Process — Employer-Specific Work Permit
Important steps include:
- Obtain a job offer from a Canadian employer.
- Employer must have LMIA or qualify for an LMIA-exempt job offer.
- Employer completes necessary obligations and issues a job offer letter or contract.
- Worker applies online or at a visa office with: job offer, LMIA (if required), proof of qualifications, passport, etc.
- Pay fees and submit biometrics.
- Await decision and adhere to permit conditions once approved.
Pathways to Permanent Residence
Both work permit types can lead to permanent residence, but the routes differ:
- Open Work Permit: often linked to programs like the Canadian Experience Class (CEC) under the Express Entry system, where Canadian work experience counts.
- Employer-Specific Work Permit: may lead to Provincial Nominee Programs (PNPs) or employer-sponsored immigration programs; require maintaining continuous employment with the sponsoring employer.
More detail on Express Entry and PNP programs is available at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html
Switching Work Permit Types
In some scenarios you may switch from one type to another, for example:
- Start on an employer-specific work permit, then move to an open work permit if you marry a Canadian or gain eligibility.
- Graduate from a Canadian institution on an open work permit (PGWP), then secure an employer-specific job and apply for a new permit.
- Ensure you meet the eligibility criteria for the new permit form before switching.
Work Permit Conditions and Compliance
Whichever type you hold, you must:
- Work only when authorised
- Follow the conditions listed on your permit (job, employer, location if employer-specific)
- Notify IRCC of changes (e.g., employer, address)
- Maintain valid status and avoid overstaying
Non-compliance can lead to permit cancellation and jeopardise future immigration applications.
Common Mistakes to Avoid
- Assuming open permits have fewer eligibility criteria — bypassing requirements leads to refusal.
- Accepting a job before obtaining a proper permit, leading to illegal work.
- Changing employers too early without verifying conditions on an employer-specific permit.
- Missing deadlines for application or biometrics.
- Relying on an employer that is not compliant with LMIA or sponsorship obligations.
Advice for Employers
For jobs requiring employer-specific permits:
- Secure LMIA or confirm LMIA exemption before hiring foreign nationals.
- Ensure job offer meets wage, duties, and location standards.
- Support the employee’s work permit application with accurate documents.
For open permit employees: - Understand that employee may switch employers; contract accordingly.
- Maintain compliance with Canadian employment laws and rights regardless of permit type.
Strategic Planning for Foreign Workers
- If flexibility and mobility are important, aim for an open work permit stream if eligible.
- If you have a strong job offer, an employer-specific route may offer faster job placement.
- Consider long-term goals such as permanent residence and how each permit fits your trajectory.
- Keep excellent records of employment, salary, and work duration as they support future immigration steps.
Final Thoughts
Open work permits and employer-specific work permits each serve distinct roles within Canada’s temporary worker ecosystem. Open permits offer freedom and mobility across employers, while employer-specific permits provide structured job offers tied to single employers. Both can lead to valuable career and immigration pathways, but they serve different needs and come with unique conditions. Making the right choice depends on your personal goals, job situation, and longer-term plans. By understanding the differences and aligning your strategy with your objectives, you can work effectively in Canada and progress toward your immigration ambitions.
