Switching Employers on an LMIA-Based Work Permit in Canada: What Workers Need to Know

An LMIA-based work permit is an employer-specific (also called "closed") work permit. Your permit lists a specific employer, a specific job, and often a specific location. Working for anyone other than the named employer — even for a single day, even if you are doing the same type of work — is a violation of your work permit conditions. It can result in loss of status, removal from Canada, and a bar from future applications.

But what if your working relationship with that employer breaks down? What if you are being mistreated, underpaid, or the employer shuts down? What if you receive a better offer and want to move on legitimately? This article explains the options available to temporary foreign workers in Ontario who want or need to switch employers while holding an LMIA-based work permit.

Why you cannot simply start working for a new employer

When ESDC issues a positive LMIA and IRCC issues your work permit, both documents are tied to a specific employment arrangement. The work permit is authorization to work in that specific role, for that specific employer, in that specific location. Changing any of these conditions without authorization is a status violation under the Immigration and Refugee Protection Act (IRPA).

Some workers assume they can work for a new employer as long as they are doing the same type of job, or as long as they tell IRCC. Neither assumption is correct. Authorization must come before the change, not after.

Option 1: New LMIA + new work permit application

The standard path to changing employers is to have the new employer apply for a fresh LMIA for the position they want you to fill. If ESDC issues a positive LMIA, you then apply to IRCC for a new work permit with the new employer.

The key practical reality: you must wait for IRCC to approve your new work permit before you begin working for the new employer. Submitting a new work permit application does not authorize you to start working. You remain bound by your current permit conditions until the new one is approved.

If you are still employed by your current employer during this process, you can continue working for them (if your current permit is valid). Once your new permit is approved, you may begin working for the new employer — and you should stop working for the old one (or confirm with a lawyer whether any overlap is permissible under your specific circumstances).

Option 2: LMIA-exempt work permit with a new employer

Not all work permits require an LMIA. If the new job qualifies for an LMIA exemption under the Immigration and Refugee Protection Regulations — for example, under an international trade agreement, as a significant benefit to Canada, or through certain intra-company transfers — the new employer can extend a job offer through IRCC's employer portal (LMIA-exempt work permit process), and you would apply for a new permit accordingly.

Whether your prospective new job qualifies for an LMIA exemption depends on the nature of the work and the employer. Consult an immigration lawyer before assuming an exemption applies — they are narrower than many people expect.

Option 3: Applying for a work permit without a new LMIA — policy-based pathways

ESDC has, at various times, implemented policies giving vulnerable temporary foreign workers a pathway to change employers more quickly — sometimes without a new LMIA or even with an open work permit. These policies have been introduced, modified, and sometimes withdrawn. As of writing, check Canada.ca for current policy-based pathways for vulnerable workers.

Workers who are experiencing abuse, exploitation, or violations of their employment conditions may be eligible for expedited pathways. If you believe you are being exploited by your employer, contact an immigration lawyer immediately — your legal options are more substantial than many workers realize, and acting early protects you.

What "implied status" means for workers between permits

If your current work permit expires while your new work permit application is pending, you may be able to continue working for your current employer under implied status — a provision that allows temporary residents who applied to extend their status before the permit expired to remain in Canada and continue their authorized activities while the application is pending. Implied status does not automatically allow you to start working for a new employer; it only maintains your authorization to work for the employer named on your expiring permit.

Confirm with an immigration lawyer whether implied status applies in your specific situation and what conditions it carries.

Protections workers have against employer retaliation

Ontario's Employment Standards Act and IRPA-based provisions protect workers who assert their rights. Specifically:

• Employers cannot threaten a worker's immigration status as a form of control or retaliation
• Workers have the right to contact ESDC or IRCC without fear of employer interference
• ESDC has mechanisms for workers to file complaints about employer non-compliance

If your employer is threatening to "cancel your visa," report you to immigration authorities, or otherwise harm your status if you complain or try to leave, those threats may themselves be violations of employment and immigration law. Document everything and seek legal advice promptly.

Practical steps if you want to change employers

1. Do not start working for the new employer without authorization
2. Consult an immigration lawyer about which pathway applies (LMIA route, exemption route, or a policy-based pathway)
3. Have the new employer begin their process (LMIA application or LMIA-exempt offer) as early as possible
4. Monitor your current permit's expiry date — if it will expire before the new permit is issued, you may need to apply for a bridging or interim measure
5. Maintain documentation of your current employment relationship throughout

Frequently asked questions