LMIA Exempt Work Permits
LMIA Exempt Work Permits
LMIA Exempt Work Permits
A Labour Market Impact Assessment (LMIA)-exempt work permit is a type of work permit that allows a foreign worker to work in Canada without the need for an LMIA. This means that the employer does not need to demonstrate that there is a need for a foreign worker in a specific job, and that no qualified Canadian citizen or permanent resident is available to fill the position.
There are several categories of LMIA-exempt work permits, including:
- Intra-Company Transfers: This category is for foreign workers who are being transferred to a Canadian branch of their current employer.
- NAFTA Professionals: This category is for citizens of the United States and Mexico who are working in certain professional occupations that are listed in the North American Free Trade Agreement (NAFTA).
- International Agreements: This category is for foreign workers who are coming to Canada under certain international agreements, such as the General Agreement on Trade in Services (GATS) and the Canada-Chile Free Trade Agreement.
- Spousal or Common-Law Partner Work Permit: This category is for the spouses or common-law partners of certain work permit holders and foreign students who are eligible to work in Canada.
- Seasonal Agricultural Workers: This category is for foreign workers who are coming to Canada to work in the agricultural sector on a seasonal basis.
- International Mobility Program: This category is for workers who are coming to Canada under specific programs to support international mobility, such as the International Experience Canada program and the Young Professionals program
- Global Talent Stream: This category is for highly skilled workers in certain in-demand occupations, who are coming to Canada under a fast-track process for LMIA-exempt work permit.
It’s important to note that even though these work permit are LMIA-exempt, they still require the worker to meet certain eligibility criteria and have a valid job offer from a Canadian employer. Each category has its own specific requirements, and it’s important for the worker to understand and meet those requirements before applying for a LMIA-exempt work permit.
How To Apply LMIA Exempt Work Permits
To apply for an LMIA-exempt work permit, you will need to demonstrate that your job falls under one of the exemptions listed in the Immigration and Refugee Protection Regulations (IRPR). Some examples of LMIA-exempt categories include:
- Intra-company transferees
- NAFTA professionals
- International agreements (e.g. GATS, CETA)
- International mobility programs (e.g. International Experience Canada, Young Professionals, Working Holiday)
- Certain academics and researchers
- Spouses/common-law partners of certain work permit holders
- Performers and athletes
You will need to provide evidence that you meet the criteria for the specific exemption category, such as a job offer letter, a copy of your diploma or other qualifications, or a letter of support from a relevant organization.
A Canadian employer can get as many LMIA as they need, but it’s subject to the department of Employment and Social Development Canada’s review to assess the employer’s immediate need with a lot of other factors to protect the Canadian population’s best interest.
Eligible individuals for LMIA-exempt work permit are those who fall under one of the exemptions categories listed in the Immigration and Refugee Protection Regulations (IRPR) such as Intra-company transferees, NAFTA professionals, International agreements (e.g. GATS, CETA), International mobility programs (e.g. International Experience Canada, Young Professionals, Working Holiday), Certain academics and researchers, Spouses/common-law partners of certain work permit holders, Performers and athletes.
Work Without Work Permit In Canada
In Canada, if you are not a Canadian citizen or permanent resident, you generally need a work permit to work in the country. There are some exceptions to this rule, such as if you are a student with a valid study permit and are working on campus, or if you are a business visitor and do not intend to enter the Canadian labor market. However, in most cases, if you want to work in Canada, you will need to apply for and obtain a work permit.
There are a few categories of individuals who are allowed to work in Canada without a work permit, including:
1. Business visitors: These are individuals who are coming to Canada for a short period of time to conduct business activities, such as attending meetings or negotiating deals, but not actually entering the Canadian labor market.
2. NAFTA professionals: Citizens of the United States and Mexico who are working in certain professions, such as architects and engineers, may be eligible to work in Canada under the North American Free Trade Agreement (NAFTA).
3. Spouses and common-law partners of certain work permit holders: If your spouse or common-law partner holds a valid work permit, you may be eligible to work in Canada without a work permit depending on which stream your spouse was qualified.
4. International Experience Canada (IEC) participants: Young people from certain countries, who are participating in the International Experience Canada program, may be eligible to work in Canada without a work permit for a limited time.
5. Spousal Sponsorship: Spousal sponsorship program allows spouses, common-law partners and conjugal partners of Canadian citizens/permanent residents to work in Canada without a work permit while they are waiting for the outcome of their sponsorship application.
6. Student Work Permit: International students with valid study permit are allowed to work on campus or off campus, without a work permit.
It’s important to note that these categories have specific requirements and eligibility criteria, and not everyone in these categories will automatically be able to work in Canada without a work permit.