Is your PGWP expiring? Here’s what you need to know about getting a TFWP work permit
If your Post-Graduation Work Permit (PGWP) is expiring soon, you can stay and work in Canada by getting a Temporary Foreign Worker Program (TFWP) work permit.
TFWP work permits are employer-specific or closed work permits. That means that candidates who have them are only authorized to work in Canada but only for the employer specified on the permit.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
TFWP work permits can be issued for nearly any occupation and industry (with a few exceptions listed below), and for foreign nationals of any nationality. These work permits usually take the most amount of work to get but are also the least specific to qualify for, making them one of the best options those looking to continue working in Canada.
To get a TFWP work permit, your employer must first get a positive or neutral Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC).
This article will talk you through:
- What an LMIA is;
- Current restrictions on LMIAs;
- How to speak to an employer about an LMIA;
- The steps an employer has to take to conduct an LMIA;
- Exceptions to the LMIA’s advertising restriction;
- The process of applying for a work permit
- The time it takes to transition from PGWP to TFWP work permit;
- The Global Talent Stream.
What is an LMIA?
An LMIA is a document that proves that there is a need for a foreign worker as no Canadian citizen or permanent residents are available to fill the position.
Only employers are able to apply for LMIAs. This LMIA must return with a positive or neutral result, which means that ESDC has determined that hiring a foreign worker doesn’t negatively impact the labour market.
After an LMIA is approved, a worker can use it in their work permit application to receive a work permit.
In other words, in order to get a TFWP work permit, you need to:
- Get a job offer from an employer in Canada;
- Have an employer who is willing to conduct an LMIA;
- Get a positive or neutral LMIA from ESDC; and
- Not be working for a company or in an occupation currently ineligible for LMIA processing (more on this below).
It’s worth noting that LMIAs are currently valid for six months. To renew a TFWP work permit, a new LMIA must be obtained.
Current restrictions on LMIA processing
Over the course of 2024, the federal government has made changes to the TFWP, including adding restrictions to LMIA processing in the case of certain sectors, occupations, and positions.
Some situations where the federal government doesn’t currently process LMIA applications are
- Low wage positions in census metropolitan areas (CMAs) with an unemployment rate of 6% or higher;
- Positions above the cap on the proportion of low-wage positions;
- In-home caregiver positions with a live-in requirement;
- Any position if you have had an LMIA revoked during the past two years; and
- Certain low-wage positions in the economic regions of Montreal and Laval (until November 3).
ESDC will also refuse to process LMIAs for companies on IRCC’s ineligible employers list and those companies that offer services in the adult entertainment industry.
Note: If the wage offered at a job is below the provincial or territorial wage threshold, the position falls under the low-wage stream of the TFWP.
The federal government publishes a list of CMAs with an unemployment rate over 6% every three months. The next update is expected on April 4.
How to speak to an employer about an LMIA
If you are interviewing for jobs, inform prospective employers of how much time you have left on your PGWP and ask if the company would be willing to support with an LMIA.
If you are already working, have a conversation with your employer, ask if they are willing to support you with an LMIA, address any concerns, and offer to assist with any information they might need.
It's a good idea to begin the LMIA process well in advance of needing to submit your TFWP work permit application, because The LMIA process can take time.
Processing times differ depending on on the stream under which the employer is applying.
As of January 2025, the average processing time is as follows:
High wage stream | 68 days |
low wage stream | 76 days |
Steps for LMIA
In order to get an LMIA work permit, an employer has to follow the below steps:
Step 1: Identify the NOC code and the wage rate for the occupation, and select the LMIA stream accordingly.
Step 2: Advertise the job position as per the program requirements under the LMIA stream. In most cases, the position needs to be advertised for 30 days.
Step 3: Collect all the documents required as part of an application package. This includes filling out forms, proof of recruitment, and documents supporting business legitimacy (for example, the most recent business license, recent tax documents other supporting documentation).
Step 4: Create a Job Bank for employers account. The employer will need this to apply for an LMIA using LMIA Online. They can then sign into LMIA Online to create, fill out, and submit the LMIA application.
Note: An LMIA application can be submitted up to six months before the expected job start date.
Step 5: Pay the processing fee of CAD $1,000 and submit the application.
The employer will then receive the LMIA decision, after the processing is complete.
Note: The officer in charge may send emails asking additional questions or even schedule a meeting, depending on the case.
Exceptions to the LMIA’s advertising restriction
Part of the process of acquiring an LMIA requires companies to advertise the job to prove recruitment effort in Canada.
However, there are some exceptions within the TFWP where advertising is either not required or there are variations to the advertising requirement.
The positions listed here have variations to their advertising requirements.
Applying for TFWP Work Permit
Once a positive or neutral LMIA is granted, the employer must provide this as well as the job offer to the worker.
The worker can then start the process of applying for a TFWP work permit.
Step 1: They can do this by creating an online account with IRCC and signing in.
Step 2: They will have to answer some questions which will create a personalized document checklist. Some documents that workers will probably be asked for are
- The job offer;
- The positive or neutral LMIA;
- Proof that they meet the job requirements;
- Language proficiency test results;
- Valid passport; and
- Proof of funds.
Step 3: Fill out the form and upload the documents required.
Step 4: Pay the work permit fee ($155).
Note: The worker may need to give your biometrics for this permit. If so, they need to pay the biometric fee as well when they apply. This covers the cost of collecting fingerprints and digital photos.
If I apply for a TFWP work permit prior to my PGWP expiring, can I benefit from maintained status?
Maintained status (formerly called “implied status”) allows you to stay and work in Canada under the terms of a previous work permit while your new application is being processed.
Those with PGWPs can continue working under maintained status under the conditions of their previous permit as long as the work permit application (under TFWP) is submitted before the PGWP expires.
You will benefit from maintained status only so long as you remain in Canada.
The time it takes to transition from PGWP to TFWP work permit
Stage | Description | Estimated Timeline |
1. Advertising the LMIA | The employer must advertise the job to Canadians and permanent residents to meet recruitment requirements. | 30 days |
2. LMIA Processing | The employer submits the LMIA application to ESDC. Processing times vary based on the type of application | 76 days for the low wage stream |
68 days for the high wage stream | ||
3. Work Permit Application Processing | After a positive LMIA is issued, the foreign worker applies for a work permit with IRCC. | 114 days (at time of publishing) |
Total time required | 220 days (for the low wage stream) | |
212 days (for the low wage stream) |
As can be seen from the table above, the entire process from start to finish takes roughly six to eight months.
Those with PGWPs should ideally start the process eight months to ten months in advance to be on the safe side.
This timeline can be faster under the Global Talent Stream.
Global Talent Stream
The Global Talent Stream (GTS) is a part of Canada’s TFWP.
GTS offers a streamlined process for employers in Canada, essentially fast-tracking the hiring of foreign talent in tech. Employers applying can expect LMIA processing within 10 business days.
Moreover, if your company or an available position qualifies for the GTS, you could bypass the advertising requirement altogether.
You may be eligible for the Global Talent Stream if you meet criteria for Category A or Category B.
Category A:
- If you are hired by an employer who has been referred to by a designated referral partner; and
- Are considered an individual with unique and specialized talent that can help the company scale.
Category B:
- Hired for a job listed on the global talent occupations list; and
- Are hired by an employer who complies with the program requirements for the GTS.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
- Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
- Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com