My Canadian Employer Sponsored My Work Permit. Does That Tie Me to That Job?
Published by: Can X Global Solutions Inc.
You came to Canada because your employer sponsored you. Maybe they paid for the LMIA, supported your application, and helped get you here. But now things have changed. Maybe the job is not what you expected. Maybe you have a better offer. Maybe the relationship just is not working.
You are wondering: am I legally stuck with this employer? And if not, what is the right way to make a change without jeopardizing your status in Canada?
Your Work Permit Conditions Determine Your Flexibility
The key is understanding what type of work permit you have. If you hold a closed (employer-specific) work permit, your authorization to work in Canada is tied to the specific employer named on the permit. You are not legally allowed to work for a different employer without obtaining a new work permit first.
This does not mean your employer owns you or that you cannot leave. Canadian employment law gives you the same rights as any other worker to resign from a job. But immigration law means that working for a new employer, even the day after you resign, requires new authorization unless you have an open work permit.
What Happens to Your Status If You Leave Your Employer?
Your work permit remains valid until its expiry date even after you leave the job. You do not become immediately out of status the moment your employment ends. However, your authorization to work for any other employer on a closed permit is not valid.
You can remain in Canada legally until your permit expires, but working for a new employer without authorization during that time is a violation of your permit conditions. This can affect future immigration applications, including permanent residency.
How to Change Employers Legally on a Closed Work Permit
The proper way to change employers is to get new work authorization before you start working for the new employer. Depending on the situation, this could involve your new employer applying for an LMIA to support a new employer-specific work permit for you, your new employer using an LMIA exemption to support your new work permit if the role qualifies, or applying for an open work permit through another pathway if you qualify.
Common open work permit pathways available to people already in Canada include the Bridging Open Work Permit (if you have a permanent residency application in progress), a spousal open work permit (if your spouse or partner qualifies as the principal applicant), or certain provincial programs.
Yes, and this is usually the preferred approach. Applying for a new work permit while you are still employed and your current permit is valid gives you maintained status protection. If your application for a new permit is in progress before your current permit expires, you can continue working under your current conditions until the new permit is decided.
Leaving a job, waiting until your permit expires, and then trying to apply for a new one creates a gap in your authorized status that is much harder to manage.
IRCC does not notify your current employer when you submit an application for a new work permit. The application is your own. However, if your new employer needs to submit an LMIA or provide an offer letter as part of the process, that employer will obviously be involved in your new application.
If you are moving to a new employer in a different province, and if you are also benefiting from a provincial nomination or provincial stream, the provincial component may need to be updated or restarted. Provincial nominations are typically tied to specific employers and provinces. A move across provincial lines can affect provincial immigration benefits you currently hold.
Frequently Asked Questions
Your employer cannot directly cancel your work permit. Work permits are issued by IRCC and can only be cancelled by IRCC. Employers do have reporting obligations in some programs (such as the Temporary Foreign Worker Program) and may be required to notify ESDC if your employment ends. However, you retain your right to resign from any job, and your legal rights as an employee in Canada apply regardless of your immigration status.
Not necessarily. If you qualify for a new work permit through a pathway that does not require you to leave Canada (such as changing employers within an open work permit or applying for a new employer-specific permit from within Canada), you can do so without leaving. Whether you need to leave depends on the specific work permit stream you are applying through.
This depends on the pathway. If your new employer has an LMIA or exemption ready, work permit processing from within Canada is typically two to four months. If a new LMIA needs to be obtained first, add several months to that timeline. Planning ahead before resigning from your current position is strongly advisable.
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Changing employers on a work permit is possible, but the timing and sequence matter a great deal. Can X Global has been helping workers manage employer transitions without jeopardizing their status since 2016. Book a free assessment and find out exactly what your permit conditions allow. Explore
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