Employer-Specific vs Open Work Permit: Know the Difference Before You Work in Canada

This article provides general information, not legal advice. Always read the conditions on the work permit and confirm the current IRCC rules before starting or changing employment.

The permit conditions determine what work is authorized

Canada issues two broad types of work permits: employer-specific permits and open work permits. The distinction affects who the holder may work for, whether a job change requires another application, and which restrictions continue when a permit is extended.

The label alone is not enough. Read the actual document, particularly the Additional Information, Conditions and Remarks fields. These may identify an employer, occupation or work location, or restrict particular kinds of employment.

Employer-specific work permits

An employer-specific work permit authorizes employment according to the conditions printed on the permit. Those conditions commonly identify the employer and may also specify the occupation and location. A worker must comply with each applicable condition.

Before the worker applies, the employer usually completes one of two processes:

• Under the Temporary Foreign Worker Program, the employer generally needs a positive or neutral Labour Market Impact Assessment (LMIA).
• Under an LMIA-exempt category in the International Mobility Program, the employer generally submits an offer of employment through the Employer Portal and pays the employer compliance fee, unless an exception applies.

The employer determines which process applies and must complete the required steps. A job offer or pending LMIA does not itself authorize the worker to begin the job.

For more detail, see the CADLEAF guides to LMIA and LMIA-exempt work permits^[1] and NOC, TEER and job duties^[2].

Open work permits

An open work permit is not tied to one employer in the same way. Its holder can usually work for most eligible employers and change jobs without obtaining a new employer-specific permit for each move.

Open permits are available only in specific situations set out by IRCC. Eligibility may arise, for example, from an eligible spouse or partner category, a post-graduation work permit category, a qualifying permanent residence application or another defined public policy or program. Wanting greater job flexibility is not, by itself, an eligibility category.

An employer hiring an open work permit holder does not need an LMIA, does not submit an offer through the Employer Portal and does not pay the employer compliance fee for that worker.

Open does not mean unrestricted. Conditions may limit work in certain occupations when the holder has not completed the required medical examination. IRCC also prohibits work for employers on its non-compliant list and for restricted businesses identified in the official instructions. Some provincial nominee open work permits may limit employment to the nominating province.

Comparing the two permit types

Question	Employer-specific permit	Open work permit
Is the permit tied to one employer?	Usually yes, according to the printed conditions	No, although employer restrictions can apply
Is a job offer required for the permit application?	Usually yes	No
Does the employer usually complete an LMIA or LMIA-exempt step?	Yes, unless a specific exception applies	No
Can the holder change employers without a new employer-specific permit?	Normally no	Usually yes, within the permit conditions
Can occupation, location or medical restrictions apply?	Yes	Yes

This comparison is general. The conditions printed on the permit and the program rules govern the individual case.

Changing jobs with an employer-specific permit

A worker may leave an employer, but an employer-specific permit does not automatically authorize work for a new one. The worker normally applies for a new permit or a change of conditions before starting the new job.

Some workers already in Canada may request interim work authorization after submitting the new employer-specific application. They must follow IRCC's current web-form process and wait for IRCC's authorization email before beginning the new employment. Submitting the application or web form is not enough, and the email does not replace the eventual permit.

The separate guide on changing employers with an employer-specific work permit^[3] explains the sequence in more detail.

Expiry and maintained status

Both permit types are temporary. Applying for an eligible extension before expiry may allow a person who remains in Canada to continue working while IRCC decides the application. The old conditions continue during this period.

An employer-specific worker must therefore normally remain with the same employer, job and location. An open permit holder may generally continue working under the restrictions on the expired open permit. Read the full guide to work permit extensions and maintained status^[4] before relying on this authorization.

Worker rights do not depend on accepting mistreatment

Temporary foreign workers have the same workplace protections as Canadians and permanent residents under applicable federal, provincial or territorial law. Employers cannot take a worker's passport or work permit, charge prohibited recruitment fees, or punish a worker for reporting mistreatment.

A worker with an employer-specific permit is allowed to leave the job, although separate work authorization is normally required before starting elsewhere. IRCC also has an open work permit process for vulnerable workers who are experiencing, or at risk of experiencing, abuse in connection with their employment. Eligibility and evidence requirements apply, so workers should use the current official instructions.

Keep employment and immigration records

Keep copies of every work permit, job offer, employment contract, pay statement, tax slip and employer reference letter. These documents can help show that work was authorized and establish the duties, dates, hours and wages if the experience is later used in an immigration application.

A work permit does not guarantee permanent residence. Any permanent residence program has its own eligibility and evidence rules. Keeping work authorized and accurately documented protects the reliability of that record without promising a future immigration result.

Official sources

• IRCC: Employer-specific work permits^[5]
• IRCC: Open work permits^[6]
• IRCC: Work permits and working in Canada^[7]
• IRCC: Change jobs or employers while a work permit is processing^[8]
• IRCC: Extend or change the conditions on a work permit^[9]
• ESDC: Temporary foreign workers—your rights are protected^[10]
• IRCC: Open work permits for vulnerable workers^[11]
• IRCC: Hire through the Temporary Foreign Worker Program^[12]
• IRCC: Hire through the International Mobility Program^[13]
• Immigration and Refugee Protection Regulations, section 185^[14]