LMIA (Exempt Jobs)
A Canadian employer can only hire a foreign worker if they have a positive Labor Market Impact Assessment. However, there are cases where the Canadian government exempts employers from having an LMIA before they can temporarily utilize foreign talent services in their companies.
Here are some examples of streams where the government has waived LMIA requirements.
Canada is a signatory to various international agreements that ease access to the country for some foreign workers. The government considers the presence of such foreign workers in the country as beneficial. Thus, it has waived the LMIA requirement for them. Examples of international agreements that can grant someone an LMIA exemption include:
- Canada Columbia FTA
- NAFTA-North American Free Trade Agreement
- Canada-Chile FTA
Self-employed Candidates [Entrepreneurs]
If you’re looking to come to Canada to start and run a business as an entrepreneur, the government can exempt you from an LMIA requirement.
However, you must either be a sole proprietor or a significant shareholder in the company you intend to operate from Canada.
Moreover, a foreigner can only get the LMIA waiver if they can prove that the business they will create in Canada will significantly impact the Canadian economy. They also need to show that they’ll work in Canada for just a temporary period.
Entrepreneurs with short-term business ideas may find the stream the best fit for them. If you are a self-employed foreigner who has already applied for PR ( permanent residency), IRCC can also consider you an LMIA exemption case.
You may be eligible for an LMIA exemption if you are a foreigner looking to enter Canada on a temporary intra-company transfer. However, you can only qualify for the waiver if you are only transferring to work in Canada as a manager, executive, or you own some scars specialized in skills in your profession.
Additionally, intra-company transfers to Canada must be for foreign companies’ employees within qualifying relationships to businesses in Canada.
International exchange programs
Canada participates in various international youth exchange programs. These programs include:
- Teacher exchange program
- IEC-international exchange Canada
- Young professionals program
- Student co-op programs
Canada has behaved LMIA requirements for the above-mentioned international exchange programs.
Dependence of foreign workers
Spouses or children of skilled foreign workers in Canada looking to apply for a WP ( work permit), don’t have to attach an LMIA to their application. However, this LMI waiver doesn’t apply to a spouse or an employee on an IEP (International Exchange Program).
IRCC has a program to make it easy for people from the francophone region to enter and work in Canada. The advantage of this program, which is popularly known as Mobilite Francophone, is that no LMIA is necessary when one is looking to work in Canada temporarily. to be eligible for the Mobility Francophone LMIA exemption, an applicant must:
- apply for a program at an immigration office outside Canada
- be looking to secure employment in Canada in an occupation falling under NOC (National Occupation Classification) skill level A, B, or O
- have competency in French [be a habitual French speaker]
- be entering Canada work outside the province of Quebec.
A Positive Labor Market Impact Assessment requirement often varies depending on the type of job the foreign worker intends to do in Canada. If you intend to work in Canada, and your primary duties will be spiritual, IRCC may exempt you from the LMIA requirement.
Canada often exempts LMIA requirements for guest lecturers, researchers, and visiting professors.
Provincial LMIA exemptions
IRCC may waive the LMIA requirements for a foreign worker that a particular province has already nominated and already given a job offer.
However, an LMIA waiver doesn’t exempt you from the need to have the other relevant immigration requirements. All the Labor Market Impact Assessment programs require applicants to obtain work permits if they’re to secure employment in Canada legally.