What types of jobs allow you to apply for a Work Permit to Canada without needing an LMIA?
To bring foreign workers to Canada, Canadian employers generally need to receive a positive Labour Market Impact Assessment (LMIA). However, there are some cases where an LMIA may be waived.
Foreign workers who are exempt from the LMIA are those under a program called the International Mobility Program (IMP). Being exempt from the LMIA does not mean being exempt from applying for a work permit. Individuals still require a work permit to work legally in Canada.
Overview
Foreign workers who require a Labour Market Impact Assessment (LMIA) will be subject to the Temporary Foreign Worker Program (TFWP).
Conversely, foreign workers who do not require an LMIA will be under the International Migration Program (IMP).
The purpose of the TFWP is to allow employers in Canada to hire foreign workers when there is no suitable worker available in Canada to perform a specific job.
The purpose of the IMP is to promote Canada's diverse economic, social, and cultural interests. Because the IMP's policy objectives are broader, the Canadian government does not use the LMIA process for foreign nationals under any of the IMP streams.
Some popular IMP programs currently available include:
- Significant benefits
- Counterpart employment
- Charitable and religious workers
Significant Benefit
Entrepreneurs and self-employed individuals
An LMIA waiver may be granted to entrepreneurs who wish to come to Canada to start or operate a business. Applicants for one of these programs must be the sole or majority owner of the business they wish to pursue in Canada. They must also demonstrate that their business will provide substantial benefit to Canada.
Under this program, entrepreneurs can open new companies or purchase franchises to start businesses in Canada.
Internal company transfer
This program allows business owners to expand their operations into Canada, transferring executive or managerial staff or employees with specialized knowledge.
Skilled workers who speak French
Foreign nationals who have been recruited through a French-language immigration promotion event coordinated between the federal government and French-speaking minority communities, and who live in a province or territory outside Quebec and qualify under the National Occupational Classification (NOC) 0, A, or B, may be eligible to work in Canada through Mobilité Francophone.
Academic
This includes researchers, guest lecturers, and visiting professors.
Provincial LMIA Exemption
Workers nominated by a province for permanent residency and who have received a job offer in that province may be exempt from the LMIA requirement.
Counterpart employment
Reciprocal employment agreements between countries allow foreign workers to find employment in Canada when Canadians have similar job opportunities abroad.
International Agreement
Canada is a member of several international agreements that facilitate the entry of foreign workers. Accepting foreign workers under these agreements is considered to provide significant benefits to Canada and therefore does not require an LMIA. The North American Free Trade Agreement (NAFTA) is one such example.
Furthermore, Vietnamese entrepreneurs can work in Canada under the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). This is a free trade agreement between Canada and 10 other countries in the Asia-Pacific region: Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Once fully implemented, these 11 countries will form a trade bloc representing 495 million consumers and 13.5% of global GDP, giving Canada preferential access to key markets in Asia and Latin America.
On December 30, 2018, the CPTPP came into effect for the first six countries to ratify the agreement – Canada, Australia, Japan, Mexico, New Zealand, and Singapore. On January 14, 2019, the CPTPP came into effect for Vietnam.
International exchange programs
Canada is a participant in several international youth exchange programs. Such programs include the Canada Working Holiday Visa (IEC) International Experience Canada, student co-op programs, young professional programs, and teacher exchange programs. These programs are exempt from the LMIA requirement.
Charitable and religious work
Charitable work
In the Canadian context, charity is defined as poverty relief, educational support, or some other purpose that benefits the community. Therefore, some charity workers do not require an LMIA to temporarily enter the Canadian labor market.
Religious work
Religious work typically involves teaching or sharing religious beliefs, as required by the employer. For this LMIA-exempt category, the worker's primary obligation would be toward a specific religious objective, such as providing religious instruction or promoting a particular religion or faith.
Conclude
Workers can go to Canada under managerial, owner, or employee employment without an LMIA if they fall into these categories. However, this is only a temporary visa; permanent residency will require a further process after arriving in Canada and should be discussed in detail on a case-by-case basis.
Currently, a direct PR program for entrepreneurs can be considered as a Start-Up Visa option.
Those currently in Canada under the aforementioned temporary visas that waive LMIA requirements and seeking a specific path to permanent residency can explore provincial or federal programs. Alternatively, if all other options are exhausted, they can pursue humanitarian aid. Note that humanitarian aid is distinctly different from refugee status. Humanitarian aid is a form of immigration exemption that grants you a waiver of other program requirements, in return for your commitment to and contribution to the benefit of Canada.