Foreign nationals who are selected under the Regular Skilled Worker Program by Quebec and are currently living in the province can now extend their work permits with the requirement of LMIA (Labor Market Impact Assessment).
If you are working in Quebec and holding the Quebec Selection Certificate (CSQ), you must have a valid work permit while you await the decision on your immigration application.
When it comes time to renew your work permit, the next steps depend on whether you have submitted your permanent residency application. If you have applied for permanent residence, the type of work permit you apply for will depend on whether you have received an Acknowledgment of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC) Or not.
If you are an AOR holder then you are able to apply for a Bridging Open Work Permit. On the other hand, if you have applied and have not received an AOR or if you have not yet applied for a PR, you can apply for a CSQ-based LMIA-free, employer-specific work permit. It’s a mouthful, but we’ll explain.
As the name suggests, an LMIA-exempt work permit means that employers of foreign workers who do not need an LMIA are required to have a Temporary Foreign Worker Program (TFWP) work permit. The purpose of LMIA is to demonstrate to Canada’s government that a foreign worker does not replace an employee of Canada.
LMIA-free work permits are covered by the International Mobility Program (IMP), which exists to support Canada’s broader social, economic, and cultural interests. An IMP work permit does not require an LMIA or a Quebec Certificate of Acceptance (CAQ) to achieve these goals.
Employer-specific work permits are also known as closed work permits. They are bound by an employer. They are in contrast to open work permits, which allow CSQ holders to work anywhere in the province of Canada.
Eligibility for CSQ-based closed work permit
Foreign nationals are eligible for this LMIA-free work permit, they must have a job offer provided by Quebec and can be described as having one of the following:
- Candidates who hold a Post-Graduation Work Permit (PGWP).
- Candidates who have a study permit with a co-op work permit.
- Candidates who hold one of the following permits that fall under International Experience Class (ICE) such as international co-op, young professionals, or working holiday.
- Candidates with a closed work permit.
To take advantage of the LMIA-free work permit, your CSQ must be within the validity period of 24 months, or you must have applied for the same before the PR expires.
As of 2 August 2018, Quebec no longer renews CSQs, as they are valid for the entire duration of the PR application, even if a period of 24 months has elapsed. That’s why as long as you’ve already applied for permanent residency, you can technically apply for an LMIA-free work permit after your CSQ expires. Candidates must have a valid work permit, or be eligible for reinstatement.
Your CSQ must fall under the Quebec skilled working class and indicate one of the following codes in Section 9, Category: Travelers Qualification:
- IS – Travailleur – TI – Effets visuels
- IQ – Travailleurs qualifiés
- IW – Intelligence artificielle – Volet diplômé du QC
- IT – Travailleurs qualifiés
- I6 – Travailleurs Art. 40
- IZ – PEQ Travailleurs IV – Intelligence artificielle – Volet travailleur étranger
- IU – Préposé aux bénéficiaires – Volet travailleur étranger
- IY – PEQ Étudiants
- IR – Préposé aux bénéficiaires – Volet diplômé du QC
Candidate’s employers have to pay an abidance fee. They also have to submit an employment offer to IRCC.
Candidates who are not qualified
The following foreign nationals are not eligible for a CSQ-based Closed Work Permit:
- Candidates who apply for a work permit at a port of entry, as must be physically in Canada as a temporary resident to be eligible;
- Candidates who apply for an open work permit, including a spouse or common-law partner;
- As entrepreneurs and self-employed applicants, they may be eligible for a separate LMIA-free work permit to conduct their business; And
- Candidates with an offer of employment who have an occupation other than the one specified in their CSQ.
Interval allowance to work permit
On August 24, 2020, the IRCC implemented a temporary public policy to allow qualified visitor visa holders with job offers in Canada to apply for work permits from within the country.
Visitors must have a valid work permit in the last 12 months, to be qualified to apply for a work permit and they are able to request an interim allowance to work.
To be qualified foreign national meets the following criteria:
- The applicant must be in Canada.
- candidates have to change their condition by using the application and extend their stay in Canada as a worker (IMM 570).
- Applicants have to stay in Canada with status since the application was submitted.
- Applicants have to submit the application before 28 February 2023.
