Employer-specific work permit

Immigration, Refugees and Citizenship Canada describes two types of work permit. An employer-specific permit needs a job offer, and the employer may need a labour market impact assessment. An open permit needs no job offer and lets the holder work for most compliant employers. A buyer meets the difference when the seller’s staff include permit holders. See whether a buyer can choose which employees to hire in an asset purchase.

What the government says about changing employers

IRCC states that someone with an employer-specific work permit who wants to change jobs or employers in Canada must apply for a new work permit, if eligible. It adds that the person may be able to start the new job before the application is approved. The page does not address a sale of the business itself. Whether a share sale or an asset sale changes who the employer is for the permit is a question for an immigration lawyer or consultant.

What to ask the seller

• The name of the employer on each permit and its expiry date
• Whether the employee’s status depends on an LMIA
• Who is advising on the transfer, and who pays for it