Canada Employer-Specific Work Permit: What Happens If You Change Jobs?

OTTAWA – Canadist: Canada Employer-Specific Work Permit: What Happens If You Change Jobs?

A Canada employer-specific work permit gives foreign workers permission to work under specific conditions, including the employer, occupation and sometimes the location listed on the permit. That means accepting a new job is not as simple as handing in a resignation and starting somewhere else. So, what happens if a worker wants to change employers while holding a Canada employer-specific work permit?

For thousands of temporary foreign workers, the answer depends on the type of permit they hold, the circumstances surrounding the job change and whether they receive authorization from Immigration, Refugees and Citizenship Canada (IRCC) before beginning the new employment.

The federal government continues to distinguish sharply between employer-specific and open work permits. While an open permit generally gives a worker much greater freedom to change employers, an employer-specific permit links the worker’s authorization to particular employment conditions.

Canada Employer-Specific Work Permit Rules for Changing Jobs

The starting point is straightforward: a worker with an employer-specific work permit normally needs a new work permit to change employers or substantially change the conditions of the existing job.

IRCC says workers who want to move to another employer must apply to change the conditions of their work permit. The new application can require information and documents connected to the prospective employer, including an LMIA where the new position requires one.

This restriction exists because the permit does not simply authorize a person to work anywhere in Canada. It authorizes employment under the conditions specified on the document.

Those conditions can include the employer’s name, the occupation and the work location. A worker who moves outside those conditions may no longer be authorized to perform the new job under the existing permit.

The distinction matters particularly for workers who receive an attractive offer from another company. A new employer may be willing to hire the worker immediately, but that offer alone does not automatically transfer the existing authorization.

Instead, the worker needs to follow the immigration process applicable to the new employment.

There is, however, an important exception to the usual wait for a new permit. Eligible workers already in Canada can request authorization to begin working for their new employer while IRCC processes the new employer-specific work permit application. That temporary mechanism is designed to reduce the period during which workers can remain in Canada but cannot legally start their new jobs.

What Workers Should Do Before Leaving Their Current Job

A job change should normally begin with the immigration paperwork rather than the first day at the new workplace.

Workers should review their existing permit carefully and identify the employer, occupation, location and other conditions attached to it. These details determine whether the proposed employment falls outside the existing authorization.

The next step is to obtain the information required for the new position. Depending on the circumstances, the new employer may need an LMIA, while some positions qualify for an LMIA-exempt route.

The worker then submits the appropriate application for the new employer-specific permit.

IRCC’s current guidance specifically states that people who want to change employers must apply for a new work permit if they are eligible.

For workers who remain employed under their existing permit, this process can be particularly important because the existing authorization may continue to govern their current job while the new application is being assessed.

A worker should therefore avoid treating an approved job offer as equivalent to immigration authorization.

That distinction can prevent a serious compliance problem. A person may have a valid temporary status in Canada while still lacking authorization to perform a particular job.

The immigration status and the work authorization are related, but they are not interchangeable.

Can You Start the New Job Before the Permit Is Approved?

This is one of the most important questions for workers changing employers.

Under the temporary policy described by IRCC, certain workers in Canada can request permission to begin their new employment while their new employer-specific work permit application is being processed. The measure applies to eligible workers who have applied for a new employer-specific permit and meet the policy’s requirements.

The option is especially significant for workers who have already secured another job but cannot afford to remain without income during the processing period.

However, the authorization is not automatic simply because an application has been submitted.

The worker must follow the required process and receive authorization before beginning the new job under the temporary arrangement.

That means workers should not assume that submitting a work permit application gives them an immediate right to start working for the new company.

IRCC’s guidance also distinguishes this situation from the rules that apply to someone who has lost the job connected to an employer-specific permit.

If a worker has lost that job and wants to continue working in Canada, the government says the worker must obtain a new job offer and apply for a new work permit. The standard instruction is to stop working for that employer, or another employer, until the new authorization is granted, unless the worker qualifies for and receives the applicable authorization to begin the new employment while the application is processed.

That makes timing critical.

What If You Lose Your Job?

Losing employment can create a different situation from voluntarily accepting another position.

An employer-specific permit does not automatically become an open work permit when an employment relationship ends. A worker who loses the job attached to the permit cannot simply begin working for another company using the same document.

IRCC advises workers in this situation to obtain a new job offer and apply for a new work permit while remaining in Canada, where eligible.

The practical consequence is significant.

A worker who has lost employment should immediately examine whether they qualify to apply for a new employer-specific permit and whether they can request authorization to work during processing.

Workers should also avoid unauthorized employment while they wait.

Working for an employer that is not covered by the current permit can create immigration compliance problems and may complicate future applications.

The safest approach is to determine exactly what authorization is available before beginning the new position.

For workers facing termination, layoffs or workplace disputes, obtaining immigration advice quickly can also be important because the correct procedure can depend on the worker’s individual status and the nature of the new employment.

Canada Employer-Specific Work Permit and LMIA Requirements

Changing jobs does not necessarily mean the new employer will need an LMIA, but it may.

An LMIA is a labour-market assessment used in many parts of Canada’s Temporary Foreign Worker Program. When an LMIA is required, the employer generally has responsibilities to complete the labour-market process before the worker can use that employment offer for the work permit application.

Other jobs can qualify for LMIA-exempt work permits under Canada’s International Mobility Program or another exemption.

The distinction matters because the documents and steps for the new work permit can vary considerably.

IRCC’s guidance tells workers changing employers to obtain information and documents from the new employer, with the exact requirements depending on whether the position requires an LMIA.

For this reason, workers should not rely solely on the fact that their current employer obtained a permit previously.

A work permit is tied to its own employment circumstances. A worker moving from one company to another may need a completely new assessment even if the two jobs appear similar.

The occupation, duties, wages, location and program under which the new employer hires the worker can all affect the immigration process.

What Happens If the Job Duties or Conditions Change?

Changing companies is not the only situation that can require immigration action.

A worker may remain with the same employer but receive a different position, new responsibilities, a different salary or another significant change to the terms of employment.

IRCC states that workers with employer-specific permits may need to apply to extend or change the conditions of their permits when there are changes to their current job, including changes in pay or responsibilities.

This is important because workers sometimes assume that staying with the same employer means the existing permit automatically covers every new role.

It does not necessarily work that way.

The authorization should be compared with the actual employment arrangement. If the new duties or other conditions fall outside the permit, the worker may need to obtain updated authorization before taking on the changed role.

Employers should also take care when restructuring positions held by temporary foreign workers. A promotion, transfer or significant change in duties can have immigration consequences even when there is no change in the employee’s company.

How Employer-Specific Permits Differ From Open Work Permits

The simplest way to understand the system is to compare the two major categories.

An employer-specific work permit restricts employment according to conditions specified on the permit. The employer, occupation and location may be identified, meaning the worker generally cannot move freely to another company.

An open work permit works differently. IRCC says open work permit holders can change employers while the permit remains valid, subject to any restrictions printed on the permit and the broader rules governing their authorization.

That difference can have a major impact on employment decisions.

A worker with an open permit may be able to accept a new job without applying for a new employer-specific permit. A worker whose permit is tied to a particular employer generally needs to follow the change-of-employer process.

The type of permit should therefore be one of the first things a foreign worker checks before accepting a new position.

Temporary Measures Have Changed the Practical Process

Canada’s approach to employer-specific permits has evolved through temporary measures designed to help workers already in the country move between jobs more efficiently.

The federal government introduced a temporary public policy allowing eligible foreign workers who had secured new employment to request authorization to begin the new job while IRCC processed their new employer-specific work permit application.

That measure addresses a practical problem in the immigration system.

Without such an option, a worker could have a valid job offer but still face a period during which the worker could not legally start the new position.

The policy can therefore provide an important bridge between the old employment relationship and the new one.

But temporary public policies are not the same as permanent changes to the underlying work permit system. Eligibility conditions apply, and workers must follow IRCC’s instructions rather than assuming that every employer-specific permit holder qualifies.

The government continues to maintain separate rules for employer-specific and open work permits, reinforcing the importance of checking the worker’s individual circumstances before making a job change.

What Workers Should Check Before Switching Employers

Before accepting or starting a new job, an employer-specific permit holder should consider several questions.

First, is the new employer different from the employer named on the existing permit?

Second, will the occupation, duties, wage or work location change?

Third, does the new job require an LMIA?

Fourth, does the worker qualify for an LMIA-exempt pathway?

Fifth, has the worker applied for the appropriate new work permit?

Finally, if the worker wants to start before the new permit is approved, has IRCC actually granted the necessary authorization?

These questions can help separate a legitimate job transition from an unauthorized change in employment.

Workers should also keep copies of their current permit, employment documents, application records and communications related to the new job. Maintaining a clear documentary record can be useful if questions arise about the worker’s authorization.

The Bottom Line for Foreign Workers

A Canada employer-specific work permit does not normally give a foreign worker the freedom to move from one company to another.

Changing employers generally requires a new work permit application, and the new job may involve an LMIA or an LMIA-exempt process depending on the circumstances.

The key development for eligible workers already in Canada is the ability, under the applicable temporary policy, to request authorization to begin the new job while the new application is being processed. That authorization must be obtained through the required process; simply submitting an application is not enough.

Workers who lose their jobs face a similar need to obtain new authorization before taking another position, unless a specific authorization allows them to work during processing.

The biggest mistake is assuming that a valid Canadian work permit automatically follows the worker to the next employer.

It does not.

Anyone planning a job change should first examine the conditions printed on the permit, confirm the requirements for the new position and determine whether they have authorization to begin working. For workers whose circumstances are complicated by job loss, changes in duties or immigration applications, professional advice may also be appropriate.

Frequently Asked Questions

Can I change employers with an employer-specific work permit?

Generally, no. You normally need to apply for a new employer-specific work permit before working for a different employer. Eligible workers may request authorization to begin the new job while their application is processed.

Can I start my new job after submitting the application?

Not automatically. You need to follow the applicable IRCC process and receive authorization if you want to work for the new employer before the new permit is approved.

What if I lose the job listed on my permit?

You cannot simply use the existing permit for another employer. If you want to continue working in Canada, you generally need a new job offer and new work authorization.

Is an open work permit different?

Yes. An open work permit generally allows the holder to change employers while the permit remains valid, subject to the conditions and restrictions attached to that permit.