Are you a permanent resident (PR) of Canada and wondering if you can work anywhere in Canada? Or, an employer looking to hire a Canadian permanent resident and wondering if they can work in your province in Canada? 

If you’re in either camp, the short answer is yes. Canadian permanent residents have the right and can live and work anywhere in the country. This makes a move to Canada incredibly worth it. 

This certainly makes it easier for Canadian permanent residents to look for opportunities. Canadian PRs can take on contracts, part-time, and full-time positions. 

Employers can also easily hire and retain the best talent without worrying about complicated visa requirements or whether it’s worth investing in an employee. Indeed, employers can invest in their employees without worrying about whether they need to pack up and leave at any time due to visa restrictions and limits. 

However, there are certain considerations and expectations that you need to be aware of when it comes to working in different provinces or territories. Let’s explore what permanent residency is and the rules and regulations that both potential candidates and employers should know when it comes to employment for permanent residents in Canada.

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What Is a Permanent Resident Status in Canada?

Permanent residency is a status awarded by the Government of Canada to citizens of other countries when they immigrate to Canada. This status is awarded based on skills, spousal or family sponsorship, or business investment. Under permanent residency, PRs have the right to live in Canada indefinitely. 

However, it is important to note that PRs are not Canadian citizens… yet. Some PRs choose to renew their PR, while others apply for citizenship once they are eligible. Refugees can also become permanent residents once approved through two government programs: the Government-Assisted Refugee Program and the Private Sponsorship of Refugees Program. 

While PRs and refugees are citizens of other countries, they live in Canada on a permanent basis. Unlike a student, or foreign worker who lives in Canada temporarily; they are not permanent residents and do not have permanent resident status. They require a study or work permit. 

PRs have the same entitlements as Canadian citizens under Employment Laws. This means they are entitled to the same overtime pay, annual leave, and benefits (such as stock options) when they take on a job role in Canada.

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What Rights Do Canada PR Holders Have and Are They Different from a Canadian Citizen? 

PRs have access to most rights that Canadian citizens are entitled to as long as they pay taxes and respect Canadian law at every government level, such as: 

  • Access to healthcare coverage
  • The right to live, work or study anywhere in Canada
  • The right to apply for Canadian citizenship
  • Guaranteed protection under Canadian law, and the Canadian Charter of Rights and Freedoms

However, PRs cannot vote, run for political office, or fill jobs that require a high-level security clearance.

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Working in Different Provinces or Territories

PRs can live, work, or study anywhere in Canada. However, depending on how you apply for permanent residence, you may have specific expectations, rules, and regulations set out by the Canadian government. Depending on the type of your route to Canadian permanent residency status, working in different provinces or territories may come with some stipulations. 

Express Entry

The Express Entry system is one of the most popular Canadian immigration programs for skilled workers who want to settle in Canada and contribute to the Canadian economy. There are three programs under the Express Entry immigration system, managed by Canada's federal government. 

  • Canadian Experience Class: Skilled workers with at least 12 months of Canadian work experience within the last three years are eligible for this program. 
  • Federal Skilled Worker Program: Skill workers with foreign work experience and who meet the required education criteria are eligible for this program.
  • Federal Skilled Trades Program: Skilled workers qualified in a skilled trade and have a valid job offer or meet the required certification criteria can apply for this program.

The individual’s invitation to Express Entry is based on a points system called a Comprehensive Ranking System (CRS). PRs who received their status under Express Entry can work anywhere in Canada.

Provincial Nominee Program (PNP)

When you become a PR through a Provincial Nominee Program (PNP), you have to be nominated by a province or territory in Canada. Each province and territory has its own PNP. Under the PNP, there will be “streams”. This helps provinces ‌target certain groups such as skilled workers, students, and others to move to Canada. This allows provinces and territories to nominate individuals for PR based on their specific economic needs. 

If you have been nominated by a province or territory through their PNP, you may have certain obligations to fulfill, such as living and working in that specific province or territory for a certain period of time. This is especially true while you are waiting for your PR through the PNP. 

Once you have successfully received your PR status, it is possible to move out of the province that nominated you. However, it is important to remember that the province that nominated you chose to bring your specific skills and experience because there is a local economic need.

Quebec Skilled Workers Program

The Quebec Skilled Workers Program is specifically for skilled workers who want to become Canada PRs and live in Quebec. The Government of Canada has a unique agreement with Quebec. This understanding notes that Quebec has its own criteria when it comes to selecting immigrants who will fit in with the province's culture. This is where this program differs from a regular PNP. 

To become a permanent resident of Canada as a Quebec skilled worker, you must complete a two-step process. First, submit an application to the Government of Quebec for a Quebec Selection Certificate (Certificat de sélection du Québec [CSQ]). 

The Province of Quebec will assess your application. If approved, they will issue you a CSQ. Then, you must apply to Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence with the CSQ as documentation of your acceptance. The expectation is that you will live and work in Quebec.

Atlantic Immigration Program

What started as the Atlantic Immigration Pilot has become the Atlantic Immigration Program. The Atlantic Immigration Program provides a path to permanent residency for two types of profiles. They invite international graduates from a Canadian school and highly-skilled foreign workers who want to make their home in one of the four Atlantic provinces in Canada – Newfoundland and Labrador, New Brunswick, Nova Scotia, or Prince Edward Island. 

This is another way to move to Canada. Once again, when a candidate becomes a PR through this program, they are expected to bring their skills and experience to Atlantic Canada and to the province that chose them through the Atlantic Immigration Program. Candidates must receive a job offer from an employer in the Atlantic Canada region to be eligible for this program.

This program helps employers ‌fill positions they have not been able to fill with local candidates too. Employers must be designated by their provincial government before making a job offer to a candidate. Once an employer makes a job offer, they must submit an endorsement application for the province to endorse the job offer before a candidate can apply for PR under the Atlantic Immigration Program. This process is different from PNPs in Canada’s Atlantic provinces.

Through the endorsement process, an employer must be able to show that they could not fill the job with a local and meet the program’s requirements. This is different from a Labour Market Impact Assessment (LMIA). Employers do not need an LMIA for this. Once this is complete, employers become designated employers for the program.

Home Child Care Provider Pilot and Home Support Worker Pilot

Canada has an aging population and a low birth rate. Canada has created two caregiver pilots as a way for caregivers to immigrate and work in Canada since this is an economic need given the current Canadian demographics. 

These two caregiver pilots are pathways for non-Canadians with a total of a year of full-time Canadian caregiving experience specified in NOC 4411 (for Home Child Care Provider Pilot)​ or NOC 4412 (for Home Support Worker Pilot) for PR. 

NOC is the accepted organizational framework for categorizing occupations in Canada's labor market. Alternatively, they could also demonstrate their ability to work and have a valid job offer if they do not have Canadian work experience.

To apply for PR under this immigration program, candidates must also pass a language proficiency test, meet education criteria, and pass a health and security clearance. 

PRs under this program can work anywhere in Canada, in a caregiving position. They can also change career paths, but like the previous programs, they were chosen to come to Canada based on the expectation that they will contribute their caregiving skills to Canada’s economy.

Agri-Food Pilot

The Agri-Food Pilot is another Canadian immigration program that was created to meet Canada’s economic and labor needs, specifically for agriculture. This is a pathway for skilled, experienced, non-seasonal foreign workers in agriculture to move to Canada.

To be eligible for this program, candidates need to meet the required language and education criteria, proof of funds, Canadian work experience, and a full-time, non-seasonable job offer from a Canadian employer, outside of Quebec. 

Similar to the two caregiver pilots, successful PRs from this program can work anywhere in Canada but are expected to fill positions in the agriculture industry with their skills due to Canada’s current labor shortage.

Labour Market Impact Assessment (LMIA)

In some cases, if you want to work in a specific province or territory, you may need to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA is an assessment that employers may need to get before giving a job offer to a non-Canadian. 

A positive LMIA is a document or confirmation letter that shows there is a need for a foreign worker to fill a specific job position and that no Canadian citizen or permanent resident is available to do the job. An employer needs to apply for an LMIA before a candidate can apply for a work permit.
Once the employer receives a positive LMIA, they can issue a job offer. The candidate must have a job offer, contract, a copy of the LMIA, and the LMIA number to apply for a work permit. This is usually a closed work permit for a specific position and employer. Once they have a closed work permit and have worked in Canada for at least a year, they can apply for PR under the Express Entry or PNP programs mentioned above.

Open Work Permits

Open work permits, on the other hand, allow non-Canadians to work in any capacity, with any employer, ‌in any part of Canada. Most of the time, they do not require LMIA or a job offer. Similar to closed work permits, candidates must have worked in Canada for at least a year before applying for a PR. 

There are several programs that candidates can apply for to get the open work permit.

  • Post-Graduation Work Permits (PGWP): Candidates must be graduates from Canadian education institutions to be eligible for this program.
  • International Experience Canada (IEC): Candidates must be from a country that has an arrangement with Canada under this program and be aged 18 to 35 or 18 to 30 to be eligible for this program.
  • Bridging Open Work Permit (BOWP): Candidates working in Canada, but intending to live outside of Quebec at the time of application, and awaiting the results of their PR application are eligible for this program.
  • Spouse Open Work Permit (SOWP): Candidates must be a spouse or common-law partner of a sponsor living in Canada with a valid permit or citizenship to be eligible for this program.
  • Business Immigration Programs: Entrepreneurs can apply for permanent residence by transferring their business to Canada - the Government's bid to attract innovative enterprises to the country.

Canada Digital Nomad Visa holders can also apply for these permits if they intend to extend their stay and work for a Canadian employer.

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Can Employers Hire Non-Canadians Awaiting Their PR Results? 

Employers can hire non-Canadians awaiting their PR results as long as they have a valid open work permit or a valid Bridging Open Work Permit. When hiring non-Canadians, it is also important to pay attention to occupational restrictions.

Certain occupations in Canada may have specific requirements or restrictions that you need to meet in order to work in that field. For example, some professions may require candidates to have a license or certification from a regulatory body in the province or territory where they want to work. Some jobs also do not accept PRs for security reasons, but this is a minority of jobs in Canada and are usually with the government. 

If candidates are not PRs yet, it is essential for employers to check if they are qualified to take on the role you want to hire them for to remain compliant with Canadian laws and regulations.

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Work in Canada, Work with an EOR

Canada PRs have the freedom to work anywhere in the country as long as they meet the requirements during the qualification process. However, it is important to be aware of the expectations of successful PRs when it comes to working in different provinces or territories. 

When applying for a job, PRs must also provide proof of their legal status in Canada. This includes providing proof of their permanent resident card, as well as a valid work permit if they are required to have one. 

Overall, permanent residents are allowed to work anywhere in Canada, provided that they meet the requirements for the job and comply with the laws of the province or territory in which they live. It is important for PRs to understand their rights and responsibilities when it comes to employment in Canada. PRs who move to Canada can enjoy a successful career and make the most out of their opportunities. 

Worried about not understanding and meeting compliance requirements when hiring a Canadian PR? Work with an EOR in Canada.

Contact Borderless. Our in-house expertise can help you hire the talent you need in Canada and beyond.

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Disclaimer

Borderless does not provide legal services or legal advice to anyone. This includes customers, contractors, employees, partners, and the general public. We are not lawyers or paralegals. Please read our full disclaimer here.