Canadian Work Permit Lawyers 

Relocating to another country is a major life decision, and the immigration process can often feel complex and overwhelming. If you’re planning to live and work in Canada, it’s important to understand the various pathways available and the legal requirements that come with each. Whether you’re an international graduate, a skilled worker, or someone facing vulnerable work conditions, Canada offers several employment-based immigration options designed to support a wide range of circumstances.

However, without proper legal guidance, navigating Canada’s work permit and immigration system can be daunting. The rules and processes are detailed, and even small errors in an application can lead to delays or denials. At Alder Law, our British Columbia immigration lawyers are dedicated to helping individuals and families successfully secure employment authorization in Canada. We offer personalized, strategic legal services tailored to your unique situation. From assessing your eligibility to preparing strong, complete applications, we’re here to help you move forward with clarity and confidence.

Whether your goal is temporary employment or permanent residency, we offer comprehensive support throughout the entire immigration process.

Alder Law’s Work Permit Services

Our employment-based immigration services include, but are not limited to: 

• Assessing your eligibility for various work permit and immigration programs,
• Advising on the best immigration pathway based on your qualifications, work experience, and long-term goals
• Preparing and reviewing work permit applications to ensure accuracy, completeness, and compliance with immigration requirements
• Assisting with Labour Market Impact Assessment (LMIA) applications for employers seeking to hire foreign workers
• Supporting international graduates in securing Post-Graduation Work Permits and transitioning to permanent residency
• Helping vulnerable workers apply for Open Work Permits due to unsafe or abusive work conditions
• Providing legal representation in cases of status restoration, application refusals, or inadmissibility issues
• Liaising with IRCC and relevant government bodies on your behalf to handle inquiries, submit documentation, or respond to requests
• Offering strategic guidance for those seeking to transition from temporary work permits to permanent residency through Express Entry or Provincial Nominee Programs (PNPs)

Who Can Apply for a Work Permit in Canada?

Anyone can apply before coming to Canada; however, specific visa office requirements may apply depending on the country you’re applying from. An immigration lawyer can help you understand and meet these requirements, ensuring that your application is complete, accurate, and submitted to the correct office, which can reduce the risk of delay or refusals. 

Further complications can arise if you’re applying for a work permit from inside Canada, as there are more specific eligibility requirements. You can apply for a work permit from inside Canada if you meet certain conditions, such as having a valid study or work permit, being a spouse or dependent of someone with a valid permit, or waiting on a permanent residence decision. Other situations, like being a Convention refugee or under the Canada-U.S.-Mexico Agreement (CUSMA), may also allow you to apply from within Canada. A lawyer can help you determine if you qualify and guide you through the application process to ensure everything is done correctly.

Work Permits and Employment-Based Immigration Pathways

At Alder Law, we specialize in helping individuals navigate the complexities of Canada’s work permit and employment-based immigration systems. Our team is here to provide guidance and support to ensure you secure the right to live and legally work in Canada. 

Employer-Specific Work Permit

An employer-specific work permit allows you to work for a particular employer in Canada, with the requirement that your employer first obtains a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). Our firm provides guidance throughout the process, helping employers with LMIA applications and assisting foreign nationals in submitting work permit applications to ensure all requirements are met. You can read more about these services here.

Open Work Permits

An open work permit allows individuals to work in Canada without being tied to a specific employer or job. This is different from a closed work permit, which limits you to working for a specific employer or within a specific occupation or location. Open work permits are highly beneficial for the holder because they provide flexibility, autonomy, and the opportunity to pursue a variety of employment options during the validity of the permit. 

However, due to the uncertainty of employment, this is a challenging permit to obtain. There are situations that will qualify an applicant for this permit, including but not limited to:

• International students who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program (Post-Graduation Work Permits – PGWP)
• Individuals with an employer-specific work permit who are being abused or are at risk of abuse in relation to their job in Canada (Vulnerable Worker Open Work Permit)
• Students unable to meet the costs of their studies (destitute students)
• Dependent family members of someone who applied for permanent residence
• Family members of certain foreign workers in Canada
• Spouses or common-law partners of international students, or of applicants for the Atlantic Immigration Program
• Refugees, refugee claimants, protected persons, or their family members
• Individuals under an unenforceable removal order or holding a temporary resident permit
• Individuals in Canada being sponsored as a spouse, common-law partner, conjugal partner, or dependent child

An immigration lawyer can help assess whether this is the most suitable immigration pathway for your unique circumstances. At Alder Law, our experienced team has spent years navigating the complexities of immigration law. We understand the system inside and out, allowing us to guide you through the process efficiently, making it as smooth and stress-free as possible.

Vulnerable Worker Open Work Permit

One specific circumstance where a person may be eligible for an open work permit is when they are experiencing abuse connected to their employment in Canada. This can include physical, psychological, sexual, or financial abuse, and may also involve exploitation or coercion in the workplace.

Migrant workers are particularly vulnerable to mistreatment due to factors like power imbalances with employers, threats of deportation, lack of access to support systems, and language barriers. To protect individuals in these situations, Canada offers the Vulnerable Worker Open Work Permit. This permit gives workers the legal ability to leave abusive employment conditions without risking their immigration status.

Although temporary, this permit provides crucial time for the individual to secure a new employer and apply for a new work permit. In some cases, accompanying family members may also be eligible to apply for their own open work permits, helping keep families together and safe.

Everyone deserves to work in a safe and respectful environment. At Alder Law, our compassionate and experienced immigration lawyers are here to support you through this process with professionalism and empathy. As part of your application, we can assist you in gathering strong supporting evidence, such as letters or reports from doctors or support organizations, sworn affidavits, official complaints or enforcement reports, victim impact statements, messages, pay stubs, photos, and witness testimony to help build a clear and compelling case.

Post-Graduation Work Permits (PGWP)

The post-graduation work permit (PGWP) provides an opportunity for students who have completed their studies at eligible institutions, such as those listed on the Designated Learning Institutions (DLI) list, to gain valuable work experience in Canada.

It’s important to note that simply graduating from a DLI does not guarantee eligibility for a PGWP. Also, if you have already received a post-graduation work permit, you are not eligible to apply for another one, as it is a one-time opportunity. The duration of your PGWP is based on the length of your study program but will not exceed 3 years.

 The Alder Law immigration team can help you navigate the complexities of the application process and ensure that you meet all the necessary requirements for obtaining the permit.

Eligibility Criteria for a PGWP 

To qualify for a post-graduation work permit (PGWP), you must fulfill all the eligibility criteria. This includes, but is not limited to:

• General Eligibility
  • Completed a study program at a PGWP-eligible institution lasting at least 8 months.
  • Maintained full-time status as a student (except possibly during the final semester).
  • Applied for PGWP within 180 days of program completion.
  • Valid study permit at some point within 180 days after graduation.
• Special Cases:
  • Accelerated programs, distance learning, and certain other special cases may still qualify for a PGWP.
• Program Requirements:
  • Graduates with a bachelor’s, master’s, or doctoral degree have no field of study requirement.
  • You often have to prove your English or French language skills
• Location of Application:
  • In-Canada graduates can apply from within Canada but must maintain a valid status.
  • Graduates outside Canada may apply if they meet distance learning criteria.

There are many reasons why someone may not be eligible for a PGWP – if you’re unsure if you are eligible, contact our team of lawyers and we can help determine the best course of action for you. 

Working After Applying for a PGWP

Once you submit your Post-Graduation Work Permit (PGWP) application, you are allowed to work full-time while waiting for a decision, as long as your study permit was valid when you applied. This allows you to gain work experience and support yourself during the processing of your application.

A lawyer can help you navigate the limitations of the Post-Graduation Work Permit by providing guidance on eligibility requirements, ensuring compliance with work restrictions, and assisting with any legal complexities during the application process.

Working With Alder Law

Our team can help you navigate the application process for all types of work permits, including the Post-Graduation Work Permit (PGWP) and the Vulnerable Worker Open Work Permit. We understand the intricacies of each application and will guide you through every step, ensuring all requirements are met and your chances of approval are maximized.

While both immigration lawyers and consultants can assist with applications, working with a lawyer offers several advantages. Unlike consultants, lawyers provide full legal representation and are equipped to handle complex cases, appeals, and litigation. If you encounter any legal challenges or need guidance, a lawyer can provide the support and advocacy needed to protect your interests, making them a reliable choice for navigating the work permit application process.

Work Permits and Employment-Based Immigration FAQs

1. Can I get a Canadian work permit without a job offer?

 Yes, you can obtain a work permit without a job offer in some situations, such as if you are applying for an open work permit, or through specific programs. An immigration lawyer can help determine the best pathway forward for you. 

2. How many years of PGWP do I receive?

The duration of a Post-Graduation Work Permit (PGWP) depends on the length of your study program in Canada. It may be valid anywhere between 8 months and up to 3 years.

3. What is the processing time for a Vulnerable Worker Open Work Permit? 

Processing times for a Vulnerable Worker Open Work Permit can vary, but typically it takes several weeks to a few months. You can check the latest processing times on the official Immigration, Refugees, and Citizenship Canada (IRCC) website.

 Work Permits and Employment-Based Immigration Resources

• Work Permit: How to Apply
• What is an Open Work Permit?
• Open Work Permit for Vulnerable Foreign Workers Who Are Victims of Abuse
• About the PGWP