Employer-Specific Work Permit

An employer-specific work permit—also called a “closed work permit”—is the most common form of work authorization in Canada. It legally binds the foreign worker to a single employer, occupation, and work location. This category is heavily regulated because it forms the foundation of Canada’s labour market strategy: permitting foreign labour only where employers demonstrate genuine need, offer fair wages, maintain compliant workplaces, and meet statutory obligations under IRPA, IRPR, and Employment Standards.

Let's have a comprehensive, lawyer-level analysis of employer-specific work permits, including LMIA requirements, LMIA-exempt pathways, employer compliance obligations, wage assessments, NOC classification issues, documentation standards, extension strategies, inadmissibility concerns, PFL risks, Federal Court litigation, and practical strategies to ensure approval and long-term immigration success.

What Is an Employer-Specific Work Permit?

An employer-specific work permit authorizes work only under conditions printed on the permit:

• Employer name,
• Occupation (NOC code),
• Location of work,
• Duration of employment,
• Salary and hours of work (as evidenced in LMIA/offer).

Any change—new location, employer, or occupation—requires a new permit.

Two Pathways to Employer-Specific Work Permits

These permits may be granted under:

1. LMIA-Based Work Permits (Temporary Foreign Worker Program), or
2. LMIA-Exempt Employer-Specific Work Permits (International Mobility Program).

Both categories require employer compliance, accurate documentation, and legal alignment with IRPR provisions.

1. LMIA-Based Employer-Specific Work Permits

A Labour Market Impact Assessment (LMIA) is a labour market test performed by Employment and Social Development Canada (ESDC). It is mandatory unless a clear exemption applies. Employers must prove:

• the job offer is genuine,
• there is a labour shortage,
• recruitment efforts to hire Canadians were made (advertising rules),
• the business is legitimate and able to pay wages,
• the wages offered meet the prevailing wage,
• transition plans exist for high-wage positions.

Once the LMIA is approved, the foreign worker can apply for a work permit.

LMIA Categories

• High-Wage Stream,
• Low-Wage Stream (with strict caps/requirements),
• Seasonal Agricultural Worker Program (SAWP),
• Agricultural Stream,
• Global Talent Stream (GTS),
• PR-Support LMIA (dual intent),
• Caregiver streams (limited pathways).

Each category carries different compliance obligations and documentary requirements.

2. LMIA-Exempt Employer-Specific Work Permits

These fall under the International Mobility Program (IMP), which does not require an LMIA. Instead, exemptions rely on:

• international trade agreements (CUSMA/NAFTA, CETA),
• reciprocal agreements,
• intra-company transfers (ICT),
• significant benefit (C10/C11),
• provincial nominations (work permits tied to PNP),
• Francophone Mobility,
• specialized cultural, film, or academic exemptions.

Employers must submit an offer of employment using the Employer Portal and pay the $230 employer compliance fee.

Mandatory Employer Compliance Requirements

Employers must meet strict requirements, including:

• accurate job descriptions,
• correct NOC classification,
• wages aligned with market rates,
• maintaining payroll and HR records for six years,
• adhering to employment standards,
• cooperating with ESDC/IRCC inspections.

Non-compliance may result in:

• monetary penalties,
• restrictions and bans,
• revocation of LMIA or job offers,
• refusal of future applications.

Eligibility Requirements for the Worker

Applicants must demonstrate:

• qualifications aligned with NOC requirements,
• clean immigration and criminal record,
• intent to comply with temporary status (dual intent allowed),
• medical eligibility (if applicable),
• financial ability to support themselves.

Documentation Required

• LMIA approval letter or LMIA-exempt offer number (A#),
• employment contract outlining full terms,
• evidence of education/experience (transcripts, letters),
• pay stubs or tax documents (if renewing),
• passport + travel history,
• police certificates (if required),
• medical exam for designated occupations.

Applying Inside vs. Outside Canada

Outside Canada

Applications must be submitted to visa offices, sometimes requiring:

• biometrics,
• visa interviews,
• additional background checks.

Inside Canada

Eligibility under IRPR s.199 allows certain applicants to apply from within Canada—such as those already holding valid permits or family members of authorized workers/students.

Flagpoling (Border Applications)

Visa-exempt nationals may apply at the border, though CBSA imposes strict limits and may refuse to process applications at certain times.

Implied Status

If an applicant files an extension before expiry, they may continue working under the same conditions until a decision is issued. Implied status ends upon leaving Canada.

Restoration of Status

Applicants have 90 days after losing status to restore, provided they:

• were previously compliant,
• submit a restoration application and fees,
• justify the lapse,
• provide full supporting documentation.

Common Issues & Grounds for Refusal

• unclear or inconsistent job duties vs. NOC,
• employer legitimacy concerns,
• insufficient qualifications or experience,
• weak ties to home country (if applying abroad),
• misrepresentation (incorrect employment history),
• medical or criminal inadmissibility,
• LMIA errors or inconsistencies.

Procedural Fairness Letters (PFLs)

Officers may issue a PFL in cases involving:

• false employment documents,
• NOC mismatch,
• suspected unauthorized work,
• employer non-compliance issues,
• inconsistent statements across applications.

Effective PFL responses require detailed legal submissions and evidence supporting genuineness and eligibility.

Federal Court Judicial Review

Work permit refusals may be overturned when officers:

• ignore relevant evidence,
• misinterpret LMIA or NOC requirements,
• make unreasonable credibility assessments,
• breach procedural fairness,
• fail to consider dual intent properly.

Strategic Considerations for Employer-Specific Work Permits

• Ensure job duties match NOC exactly.
• Confirm wage levels meet median wage requirements.
• Collect complete employer documentation early.
• Prepare applicants for biometrics/security requirements.
• Avoid unauthorized work at all costs.
• Use dual intent appropriately for PR-transitioning applicants.
• Submit error-free forms aligned with LMIA/EMP offer.

Role of Skilled Counsel

Employer-specific work permits require precise alignment between employer evidence, NOC criteria, and worker qualifications. Skilled counsel:

• prepares LMIA submissions and advertising compliance,
• drafts accurate employment contracts and NOC-aligned duties,
• handles complex employer compliance issues,
• prepares strong work permit applications,
• responds to PFLs and inadmissibility concerns,
• litigates refusals in Federal Court,
• crafts long-term PR strategies (CEC, PNP, Express Entry).

With proper preparation, employer-specific work permits provide a clear, regulated pathway for foreign nationals to contribute to Canada’s workforce and build a foundation for permanent residence.