LMIA-Based Closed Work Permit
TFWPEmployer must first obtain a positive LMIA from ESDC
When This Applies
- No IMP exemption category applies to the position or the worker's nationality
- Position is a permanent, full-time role the employer cannot fill domestically
- Employer is willing to complete the LMIA process (time, cost, documentation)
Application Process
- 1Employer applies for and receives a positive LMIA from ESDC (Employment and Social Development Canada)
- 2Employer provides you with a copy of the positive LMIA and the job offer letter
- 3You submit a work permit application to IRCC, citing the LMIA number
- 4IRCC reviews your application: identity, admissibility, and bona fides of the job offer
- 5Work permit is issued naming the employer, job title, and worksite — you cannot work elsewhere
- 6Changing employers at any point requires a new LMIA and a new work permit application
LMIA-Exempt Employer-Specific Permit
IMPNo LMIA needed — employer submits offer of employment ($230)
When This Applies
- Worker is a national of a CUSMA/USMCA or bilateral agreement country and occupation is eligible
- Intracompany transfer: worker is moving from a foreign affiliate to the Canadian entity (executive, manager, or specialized knowledge)
- Position qualifies under significant benefit (R205) — researchers, coaches, performers, certain specialists
- Worker is a refugee claimant or protected person (R206)
Application Process
- 1Confirm the exemption code that applies (R204 international agreement, R205 significant benefit, etc.)
- 2Employer submits an offer of employment through the IRCC Employer Portal and pays $230 compliance fee
- 3You receive the offer of employment number from your employer — this number goes in your work permit application
- 4Submit work permit application to IRCC with the offer of employment number and supporting documents
- 5IRCC reviews admissibility and confirms the exemption applies to your situation
- 6Permit is issued naming the employer — changing employers still requires a new offer of employment and new permit
Where Most Applicants Go Wrong
Wrong exemption code cited
R205(a) intracompany transfer requires documented corporate relationship between the Canadian entity and the foreign entity. Applicants who simply work for a foreign company and are sent to a Canadian client site do not qualify — there must be common ownership or control between the two entities.
LMIA has expired before work permit application was submitted
Positive LMIAs have a validity period — typically 6 months from issuance for the work permit application to be submitted. Many applicants receive the LMIA, delay the work permit application, and find the LMIA has expired. The employer must then reapply.
Job duties on work permit application do not match LMIA
IRCC checks that the work permit application mirrors the approved LMIA exactly — same NOC/TEER code, same wage, same worksite. Discrepancies trigger requests for information or refusals.
Prior non-compliance by the employer
Employers who have been found non-compliant in previous TFWP inspections can be barred from hiring foreign workers for up to 2 years. Work permit applications citing an LMIA from a non-compliant employer will be refused at the IRCC review stage.
Specialized knowledge claim not substantiated for ICT
Intracompany transfers claiming specialized knowledge under R205(a) require more than general industry expertise. The knowledge must be proprietary, advanced, and not easily transferred to a Canadian worker. Vague job descriptions are the most common reason ICT applications are refused.
Applying to change employers without a new permit
An employer-specific permit is not portable. Working for a different employer — even temporarily, even at the same wage — is unauthorized work and can trigger removal proceedings and future inadmissibility.
Strategic Considerations
Pathway to open work permit
Workers on employer-specific permits are often eligible to eventually move to an open work permit — either by applying through Express Entry (where a job offer adds CRS points) or through bridging open work permit eligibility if a PR application is in progress. Planning the employer-specific permit with the end goal in mind affects how the initial work terms are structured.
CUSMA professionals at the port of entry
American and Mexican citizens applying under the CUSMA professional category (R204(a)) do not need to pre-submit an offer of employment or pay the $230 fee. They can present their employment offer directly to a CBSA officer at a land border crossing or air port of entry and receive a work permit on the spot — bypassing the full IRCC application process entirely.
The $230 IMP compliance fee is the employer's obligation
The $230 offer of employment compliance fee is charged to the employer, not the worker. An employer who asks the worker to reimburse this fee is in violation of the Immigration Act. Workers should confirm the fee has been paid by the employer before submitting the work permit application — the portal will generate an offer of employment number only after payment.
Practitioner Insight
The most overlooked issue in employer-specific work permit planning is the gap between LMIA approval and work permit issuance. An employer gets a positive LMIA, the worker applies for a work permit, and then waits 2–3 months for IRCC processing. During that time, the worker cannot start work — yet many employment contracts are written to begin immediately after the LMIA is received.
If the worker is already in Canada with valid status, an in-Canada work permit application (with maintained status) allows them to continue working for the same employer while the new permit is processed. Workers approaching the end of an employer-specific permit and with a PR application in progress may qualify for a bridging open work permit. If the worker is outside Canada, there is no maintained status — plan the start date around realistic IRCC processing times.