Exemptions to LMIA Requirements

While In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive LMIA. However, there are number of exemptions to this rule.

An LMIA- Exemption refers to a situation in which it is not necessary for a Canadian employer to obtain an LMIA in order to hire a temporary foreign worker. ESDC along with IRCC maintain an index of LMIA-exemptions which are organized through the International Mobility Program (IMP).

INTERNATIONAL MOBILITY PROGRAM —-IMP

The International Mobility Program (IMP) enables Canadian employers to hire temporary foreign workers without the need for a Labour Market Impact Assessment (LMIA). While most employers hiring foreign workers will require an LMIA, there are certain circumstances where LMIA-exemptions exist. These LMIA exemptions are based on the following conditions:
– broader economic, cultural or other competitive advantages for Canada; and

– Reciprocal benefits enjoyed by Canadians and Permanent residents.

The following individuals are exempt from the LMIA requirement:

– Workers covered under international agreements:

Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Certain types of employees can transfer to Canada from other countries, and vice versa, if they are able to demonstrate this will have a positive impact.

• For example, CUSMA Work Permits. The Canada-United-States-Mexico-Agreement allows professionals and investors to obtain work permits without a labor market opinion.

– Canadian interests:

Another most common category of LMIA-exempt streams falls under the broad category of Canadian Interest exemptions. LMIA-exemptions under this category must demonstrate that the exemption will be in the best interest of Canada, either by being of significant benefit to Canadians or through the maintenance of reciprocal employment relationships with other nations.

In order to qualify under the category of significant benefit for Canadians, the employment of a foreign national must demonstrate significant social or cultural benefit to Canada. Generally, immigration officers will assess a foreign national’s past track record of success and examine testimony and recommendations of distinguished experts in the foreign national’s field in order to determine significant benefit.

– Intra-company transferees

Another means of securing LMIA-exemption for significant benefit is through the provision of LMIA-exemptions for Intra-company Transferees. Through this provision, certain companies may temporarily transfer qualified employees to a Canadian location in order to improve the quality of their business for the benefit of Canadians. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.

– Reciprocal employment- international experience Canada (IEC)

International Experience Canada is a visa program that allows young foreign nationals under 35 years of age to work in Canada for a temporary period of one to two years. This program includes working holiday visa, student co-op programs, young professional programs, and teacher exchange programs. These programs are exempt from the need of an LMIA.

– Dependents (spouses and children) of Foreign Workers holding a Canadian work permit for a skilled position.

Please note that this does not apply to the spouses of working holiday visa holders.

– Spouses and common-law partners of full-time foreign students are eligible for open work permits (not requiring a job offer or a labor market opinion).

This category also applies to the spouses and common-law partners of Canadians who have sponsored them in Canada and who have obtained approval of the Canadian sponsor.

Note: Being exempt from the LMIA requirement does not mean you are exempt from a work permit. All categories on the LMIA exemption list still require the individual to obtain a work permit to legally work in Canada.

If you need more information about this program, please do not hesitate to get in touch today at info@dhunnaimmigration.ca