LMIA Exempt Positions
There are some special cases where a Positive LMIA is not required in order for a foreigner to apply for a Work Permit, however it is important to note that being exempt from obtaining a LMIA does not mean that the foreign worker is exempt from obtaining a Work Permit. All categories on the LMIA exemption list still require the foreign worker to obtain a Work Permit in order to work in Canada.
The following categories are exempt from requiring a positive LMIA and therefore a Work Permit can be processed without the LMIA.
International Agreement (NAFTA, GATS, Canada Columbia FTA and Canada Peru FTA)
Entrepreneurs and Self Employed Candidates
International Exchange Programs
Spouse and Dependents of Foreign Workers
French Speaking Skilled Workers
Religious Workers
Academics
Provincial LMIA Exemptions
The following categories are exempt from requiring a positive LMIA and therefore a Work Permit can be processed without the LMIA.
International Agreement (NAFTA, GATS, Canada Columbia FTA and Canada Peru FTA)
Entrepreneurs and Self Employed Candidates
International Exchange Programs
Spouse and Dependents of Foreign Workers
French Speaking Skilled Workers
Religious Workers
Academics
Provincial LMIA Exemptions
LMIA Exemption for International Agreements - Work Permit Still Required
Canada belongs to a number of international agreements that facilitate the entry of foreign workers because the admission of foreign workers under these particular agreements are considered to be of significant benefit to Canada's economy and therefore do not require a LMIA, however they do require a Work Permit.
Under the terms of the North American Free Trade Agreement (NAFTA), American and Mexican citizens may be eligible for facilitated processing when applying for a Temporary Work Permit in Canada.
Work Permits under the provision of NAFTA do not usually require a LMIA, however workers and employers who utilize the NAFTA program must comply with all provisions governing Temporary Work in Canada.
USA Citizens do not require an eTA (electronic Travel Authorization) to enter into Canada however citizens of Mexico do require an eTA to enter into Canada.
NAFTA Applies to Citizens of Canada, United States and Mexico
NAFTA does not allow hand on labour
NAFTA does not assist in obtaining Permanent Residency
NAFTA does not remove the need for proper certification / license to do the work.
NAFTA does not extend special privileges to family members
Under the terms of the North American Free Trade Agreement (NAFTA), American and Mexican citizens may be eligible for facilitated processing when applying for a Temporary Work Permit in Canada.
Work Permits under the provision of NAFTA do not usually require a LMIA, however workers and employers who utilize the NAFTA program must comply with all provisions governing Temporary Work in Canada.
USA Citizens do not require an eTA (electronic Travel Authorization) to enter into Canada however citizens of Mexico do require an eTA to enter into Canada.
NAFTA Applies to Citizens of Canada, United States and Mexico
NAFTA does not allow hand on labour
NAFTA does not assist in obtaining Permanent Residency
NAFTA does not remove the need for proper certification / license to do the work.
NAFTA does not extend special privileges to family members
NAFTA Job Categories
NAFTA Job Categories NAFTA Professionals
NAFTA Intra-Company Transfers
NAFTA Traders and Investors
NAFTA Intra-Company Transfers
NAFTA Traders and Investors
NAFTA Professionals
A NAFTA Professional must be qualified to work in one of approximately 60 professions. Depending on his or her profession, an applicant may be required to provide educational credentials and proof of work experience in his or her field of work. NAFTA Professionals must have pre-arranged employment in Canada in an occupation that matches their qualifications. Those who wish to be self employed in Canada are not eligible for this category. Activities may include the professional level services in the field of qualification including training and seminars. Initial validity of Work Permit is up to three years with renewal up to three years with no limit
NAFTA Intra-Company Transfers
These individuals must be transferred to Canada on a temporary basis in order to work for a branch, subsidiary or affiliate of their US or Mexican employer. Also, they must have worked continuously for their US or Mexican employer for at least one of the last three years and be employed by the company at he time of application. They must work in a capacity that is considered managerial, executive, or involving specialized knowledge. The initial Work Permit may be issued for up to 3 years and the Work Permit may be renewed up to 2 years with a total duration of 7 years for executive or managerial and a total duration of 5 years for specialized knowledge.
NAFTA Traders and Investors
A NAFTA Trader must demonstrate an intention to carry out substantial trade of goods or services between Canada and his or her country of citizenship (USA or Mexico). A NAFTA Investor must demonstrate that he or she has made a substantial investment in a new or existing Canadian business and that he or she is seeking entry to Canada to develop and direct the Canadian business. Work Permits in the NAFTA Investor Category may also be granted to employees of the primary Investor who can be considered essential staff. The initial Work Permit is valid for up to one year and renewed up to 2 years without any limit. The Trade must be mainly (Over 50%) between the USA and Mexico.
CANADA HAS SIMILAR FREE TRADE AGREEMENTS WITH CHILE, PERU, COLOMBIA AND KOREA. THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) IS SIMILAR, BUT ONLY ALLOWS PROFESSIONALS, INTRA - COMPANY TRANSFEREES AND BUSINESS VISITORS A MAXIMUM OF 3 MONTHS ON A WORK PERMIT.
Entrepreneurs and Self Employed Candidates and LMIA Exemptions
A LMIA exemption may be given to private entrepreneurs who would like to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owner of the business they would like to start in Canada. Entreprenurs are only eligible for an LMIA exemption of a Work Permit if they can demonstrate that their work in Canada is temporary. This category is best suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian Permanent Residence may qualify for LMIA exempt Work Permits under this category.
International Exchange Programs
Canada participates in a number of International Exchange Programs for International Youth Exchange. Some of these programs include the following;
-International Experience Canada (IEC)
-Working Holiday Visa
-Student Co-op Programs
-Young Professionals Program
-Teacher Exchange Programs
These programs are exempt from the need for a LMIA
-International Experience Canada (IEC)
-Working Holiday Visa
-Student Co-op Programs
-Young Professionals Program
-Teacher Exchange Programs
These programs are exempt from the need for a LMIA
International Experience Canada (IEC)
The International Experience Class (IEC) is designed to bring younger adults and youths into Canada on a temporary basis to work for temporary periods of time.
Citizens of countries with a bilateral youth mobility arrangement with Canada who are between the ages of 18 and 35 years old may be eligible for IEC Work Permits.
The IEC is composed of 3 Categories
1. Working Holiday
2. Young Professionals
3. International Co-op
Citizens of countries with a bilateral youth mobility arrangement with Canada who are between the ages of 18 and 35 years old may be eligible for IEC Work Permits.
The IEC is composed of 3 Categories
1. Working Holiday
2. Young Professionals
3. International Co-op
1. Working Holiday
Participants in this program can receive an open Work Permit, valid for one to two years. pen Work Permits allow participants to work anywhere in Canada for almost any Canadian employer.
2. Young Professionals
Under this program, citizens of participating countries can gain international experience by working for a Canadian company. A signed job offer, letter or contract of employment with a Canadian Employer related to the applicants professional development is required before applying. The job offered must be classified as a National Occupation Code (NOC) Skill type O, A or B, meaning that it must be a skilled position.
3. International Co-op
This program allows citizens of participating countries who are enrolled at a post secondary institution in their country of citizenship to spend a period of time interning for Canadian companies. Participants must arrange co-op placement with Canadian employers before applying. Applicants must be registered students for the duration of the internship.
Eligibility Requirements for the IEC Program
Candidates MUST:
- Be a citizen of one of the 33 countries that have a bilateral youth mobility agreement with Canada
- Have a valid passport for the duration of their stay in Canada as the Work Permit issued will not be longer than the validity of the passport
- Be between the ages of 18 and 30 or 35 at the time of application. The upper age limit is dependent upon the applicants country
- Have the equivalent of $2,500.00 CAD upon port of entry to help cover initial set up expenses.
- Take out health insurance for the duration of their stay in Canada. Proof of this may be required at the port of entry into Canada.
- Be admissible to Canada. Not have any serious health issues or criminal record etc.
- Have prior to departure, a round trip ticket or the financial resources to purchase a departure ticket for the end of their authorized stay in Canada.
- Not be accompanied by dependents
- Pay the appropriate fees
Application Process
Eligible candidates must submit an IEC profile to express interest in the IEC program under one or more of the three categories. All profiles are then placed into the appropriate category pools and candidates are randomly selected during scheduled rounds of invitations.
Invitations to Apply (ITA) are issued in the following order of priority
1. International Internship (Co-op)
2. Young Professionals
3. Working Holiday
When a candidate is selected they are given an Invitation to Apply and then they will have 10 days to accept or reject the invitation. Once a candidate accepts and invitation, they have 20 days to apply for a Work Permit.
If the application is successful then a letter of introduction (LOI) will be issued. This letter is to be presented upon arrival at a port of entry in Canada, and here a work permit will be issued.
Although no work permit extensions are permitted under the IEC Program, there are certain scenarios that allow participants to increase the validity of an IEC Work Permit.
Invitations to Apply (ITA) are issued in the following order of priority
1. International Internship (Co-op)
2. Young Professionals
3. Working Holiday
When a candidate is selected they are given an Invitation to Apply and then they will have 10 days to accept or reject the invitation. Once a candidate accepts and invitation, they have 20 days to apply for a Work Permit.
If the application is successful then a letter of introduction (LOI) will be issued. This letter is to be presented upon arrival at a port of entry in Canada, and here a work permit will be issued.
Although no work permit extensions are permitted under the IEC Program, there are certain scenarios that allow participants to increase the validity of an IEC Work Permit.
Spouse and Dependents of Foreign Workers - LMIA Exempt
Spouses and children of Foreign Workers holding a Canadian Work Permit for a Skilled Position do not require an LMIA when applying for an Open Work Permit (OWP).
Open Work Permit (OWP)
An Open Work Permit (OWP) authorizes a foreigner to work in Canada in ANY position, without restrictions. The holder of an Open Work Permit does not need an LMIA or confirmation of employment. Once issued an Open Work Permit, the holder can then apply and work in any position or occupation they so choose in Canada.
Who is Eligible for an Open Work Permit (OWP)
- Spouse and Common Law Partners being sponsored for Permanent Residency through an Inland Spousal Application
- Spouse and Common Law Partners of a Temporary Foreign Worker
- Spouse and Common Law Partners of International Students studying in Canada
- International Students who recently graduated from a Canadian post secondary institution and are eligible for the Post Graduation Work Permit Program can apply for a Post Graduation Open Work Permit
- International Experience Canada (IEC) Candidates and Working Holiday Candidates.
Inland Sponsorship
Spouses and Common Law Partners who are being sponsored through the inland Spousal / Common Law Sponsorship Category of the Family Class can be granted an Open Work Permit (OWP) while the application for Permanent Residence is being processed. This allows the Spouse or Common Law Partner to work in any job they so choose while waiting on the Permanent Resident application to be processed.
Spouse / Common Law Partner of Temporary Foreign Worker
Spouses or Common Law Partners of a foreign Temporary worker must provide evidence that:
- The Principal Temporary Foreign Worker has employment in Canada that is at a management level, or a job in a professional occupation, or as a technical or Skilled Tradesperson. Therefore the skill level of the Temporary Foreign Worker must be Skilled or in a Skilled Trade. This skill requirement does not apply to Principal Temporary Foreign Workers who have been nominated for Permanent Residency by a province through one of the Provincial Nominee Programs.
- The Principal Temporary Foreign Worker is permitted to work in Canada for a minimum of at least 6 months.
Spouse / Common Law Partner of Foreign Student
In order to be eligible for an Open Work Permit (OWP), the Spouse or Common Law Partner of a foreign student cannot themselves be a full time student and must provide proof that;
- The foreign student is studying full time at a diploma or degree granting, publicly funded post secondary educational facility; or
- The foreign student has graduated and is the holder of a valid Work Permit for a job related to his or her studies
INTERNATIONAL GRADUATES
To be eligible for an Open Work Permit, graduating international students must meet the requirements under the Post Graduation Work Permit Program
International Experience Canada (IEC)
Open Work Permits are also available to candidates for the International Experience Canada (IEC) and to candidates under the Working Holiday Categories.
French Speaking Skilled Workers - LMIA Exempt
Foreign Nationals who have been recruited through a francophone immigration promotional event coordinated between the Federal Government and Francophone Minority Communities , and who are destined for for a province or territory outside of Quebec and qualified under a Skilled position may be eligible to work in Canada without an LMIA through the Mobility Francophone.
Religious Workers and LMIA Exemptions
The need for an LMIA for Religious Workers will vary depending on the type of work to be done in Canada. A foreign national may work in Canada without an LMIA when the main duties are spiritual in nature.
Academics and LMIA Exemptions
This includes researchers, guest speakers and visiting professors. These individuals will qualify to do their work in Canada without an LMIA.
Provincial LMIA Exemptions
Workers nominated by a province for Permanent Residence (PNP) and who have obtained a job offer in that province may be exempt from the need for a LMIA. Being exempt from obtaining a LMIA does not mean that the individual is exempt from the need for a Work Permit. All streams on the LMIA exemption list still mandate that the applicant obtain a Work Permit in order to work in Canada.
