LMIA-Exempt Work Permits
To apply for most Canadian work permits, you will require an LMIA. However, some types of permits do not need LMIA and are called LMIA-exempt work permits and can be obtained immediately. For many foreign workers in Canada, a Labour Market Impact Assessment (LMIA) is not required. Moreover, foreign employees who are excluded from the LMIA are governed by the International Mobility Program (IMP). A person who is exempt from an LMIA is not automatically exempt from needing to obtain a work permit.
What is LMIA-Exempt Work Permits?
Foreign employees covered under the International Mobility Program (IMP) are exempt from the need for an LMIA. The TFWP’s goal is to give Canadian firms the option to hire foreign workers when no qualified Canadians are available for the position. Promoting Canada’s diverse economic, social, and cultural interests.. The Canadian government does not apply the LMIA procedure to foreign persons who fall within any of the IMP’s streams since the IMP’s policy objectives are more expansive.
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Understand LMIA-Exemptions is a simple way
Certain situations allow employers to hire foreign workers without needing a Labour Market Impact Assessment (LMIA). Here’s an easy-to-understand guide on when an LMIA is not required.
International Mobility Program (IMP)
Employers in Canada can recruit international workers without an LMIA with the assistance of the International Mobility Program (IMP). It seeks to alleviate the labour deficit, draw in highly skilled individuals, and promote information sharing between Canada and other nations. The following IMP work permits are exempt from requiring an LMIA:
Intra Company Transfers ICT work Permit: For international corporations sending workers on temporary assignments to Canada.
Workers must possess specific knowledge or be in top management roles, and they must have worked for the organization for a predetermined amount of time.
Free Trade Agreement (FTA) Work Permit: National of countries that have free trade agreements such NAFTA, CETA, and CPTPP with Canada are allowed to work in Canada without requiring an LMIA.
International Experience Canada (IEC) Work Permit: This work permit is for International youth from certain countries to travel and work in Canada for approximately 2 years, and the categories include: Working Holiday, Young Professional, and International Co-op.
Global Talent Stream (GTS) Work Permit: For highly qualified individuals in specific professions. This work permit is intended to cover in demand professions in sectors such as science, technology, engineering, and mathematics (STEM) where there is a significant demand.
Qualifications:
- Employers recommended by approved partners fall into Category A.
- Jobs that the Canadian government lists as in-demand fall under Category B.
Researcher Work Permit: For foreign researchers conducting temporary research in Canada. Researchers must be employed by designated research organizations in Canada.
These examples illustrate some of the work permits available under the IMP. Each type has specific eligibility criteria and requirements. For personalized advice, consult our immigration consultant to determine the best option for your needs.
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Who is eligible for LMIA in Canada?
Employers: A Canadian Employers who has the desire to hire a foreign national, this employer is eligible for LMIA in Canada as long as the y can’t find a suitable Canadian Citizen or Permanent residence to fill the job vacancy. Both small and large businesses are included in this. But in order to qualify, the company needs to show that hiring a worker is urgently needed and that they have the money to pay the person’s salary.
Foreign Workers: To apply for a work permit, foreign employees who have received an offer of employment in Canada and want to work there must have a positive LMIA from their potential employer. Be informed that the LMIA procedure has certain exclusions. For example, the International Mobility Program permits certain foreign employees to enter Canada without obtaining an LMIA. But the foundation of this program is built upon bilateral agreements between Canada and a few other chosen nations, as well as on international trade agreements.
It is important to note for international laborers that while an LMIA can be obtained without the need for IELTS or other certifications, acquiring a work permit or applying for immigration may need language skills.
Which Work Permits Don’t Need LMIA?
1. Closed Work Permit
Usually, the LMIA is a must for anyone looking to work in Canada. A closed work permit guarantees that your position and employer will be those specified on the application. So, it’s essential not only from an administrative standpoint but also because you won’t have as much trouble finding employment.
2. Open Work Permit
Canada’s open work permits allow foreign workers to apply for any position anywhere in Canada, without restrictions on occupation or employer. An LMIA is unnecessary since you do not need a job offer before applying for one of these licenses.
3. Closed Work Permits (LMIA-Exempt)
Closed work permits that are LMIA-exempt are an excellent middle ground for employers and employees. They allow the foreign workers to start work in specific positions but do not require an LMIA like other visas.
Jobs That Are Exempt From LMIA
The LMIA process is a bit more rigorous, and it’s required for certain types of work permits. However, closed LMIA-exempt work permits offer some benefits because they allow foreign workers to be employed by one specific employer in a set position.
Usually, it depends on the nature of jobs whether or not this kind of permit will be considered exempt from needing one for employment authorization purposes. They include:
- Entrepreneurs and self-employed.
- Reciprocal employment.
- International trade agreements.
- Intra-company transferees.
- International youth exchange programs.
- French-speaking skilled workers.
- Minister-designated exemptions.
Humanitarian Reasons for LMIA-Exempt Work Permit
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.
