Work without a LMIA

WORK WITHOUT AN LMIA
In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive Labour Market Impact Assessment (LMIA). There are several cases, however, where the need for a LMIA may be waived.

 

International agreements or arrangements
A work permit may be issued to a foreign national who intends to perform work under

  • (a) An agreement or arrangement between Canada and the government of a foreign state or an international organization, other than an agreement or arrangement concerning seasonal agricultural workers.
  • (b) An agreement entered into by one or more countries and by or on behalf of one or more provinces.
  • (c) An agreement entered into by the Minister with a province or group of provinces.
     

Canadian interests

A work permit may be issued to a foreign national who intends to perform work that

  • (a) Would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
  • (b) Would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
  • (c) Is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,
    • (i) The work is related to a research program,
    • (i.1) The work is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution
    • (i.2) The work is an essential part of a program at the secondary level
      • (A) That is a vocational training program offered by a designated learning institution in Quebec, or
      • (B) That is a program offered by a designated learning institution that requires students to work in order to obtain their secondary or high school diploma or certificate of graduation, or
    • (ii) Limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy; or
  • (d) Is of a religious or charitable nature.

No other means of support
A work permit may be issued to a foreign national in Canada who cannot support themselves without working, if the foreign national

  • (a) Has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined.
  • (b) Is subject to an unenforceable removal order.
     

Applicants in Canada
A work permit may be issued to a foreign national in Canada who

  • (a) is a member of the spouse or common-law partner in Canada class
  • (b) is a protected person
  • (c) has applied to become a permanent resident and the Minister has granted them an exemption
  • (d) is a family member of a person described in any of paragraphs (a) to (c).
     

Vulnerable workers
A work permit may be issued to a foreign national in Canada if there are reasonable grounds to believe that the foreign national is experiencing or is at risk of experiencing abuse in the context of their employment in Canada and if they

  • (a) Hold a work permit.
  • (b) Previously held a work permit, have applied for a renewal of that permit and are authorized to work in Canada under implied status.
     

Family member of vulnerable worker
A work permit may be issued to a foreign national in Canada who is a family member of vulnerable workers
 

Humanitarian reasons
A work permit may be issued to a foreign national in Canada who cannot support themselves without working, if the foreign national

  • (a) Holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study.
  • (b) Holds a temporary resident permit that is valid for at least six months.