Now, You Can Work in Canada Without LMIA

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Aarushi Jain
Updated on Jul 25, 2022 05:45 PM IST

With Canada easing its immigration regulations in the aftermath of the Covid-19 pandemic and accepting applications for PR, foreign candidates appear concerned about the LMIA visa. However, under the IMP Program, Canada allows some foreign workers to work in the country without an LMIA.

Now, You Can Work in Canada Without LMIA
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The Canadian government allows workers from various countries to work in the country with an LMIA under the International Mobility Program (IMP). 

A Labour Market Impact Assessment (LMIA) ensures that hiring a foreign worker will positively or neutral impact the Canadian labour force. Work permits requiring an LMIA are under the Temporary Foreign Worker Program (TFWP) umbrella.

Some foreign workers are permitted to work in Canada without an LMIA. These employees are covered by the International Mobility Program (IMP). The mission of the IMP is to advance Canada's economic, social, and cultural interests. Many of the most frequent LMIA-exempt streams are covered by the IMP, which is classified as Significant Benefit, Reciprocal Employment and Charitable and Religious Workers.

Also Read: India in Talks with US, UK, Canada, Other Countries on Student Visa Delays

What is LMIA?

LMIA is a document that a recruiter in Canada may require before hiring a worker from outside of Canada. A positive LMIA will reveal that a foreign worker is required to fill a vacancy in the labour force and that no Canadian worker is available to fill the job. 

Significant Benefit LMIA-Exempt Stream

The proposed work of the foreign national must be useful to Canada, which means it must be significant or notable. Canadian immigration authorities have some leeway in deciding who is granted a work permit under this category. Some objective measurements of "substantial social or cultural benefit" include:

  • An academic record demonstrating that the foreign worker holds a degree, diploma, certificate, or award from a learning institution relevant to their field of skill.

  • Evidence from current or past employers about the foreign workers' experience in the occupation or area of ability.

  • A foreign national has received national or international prizes or patents.

  • Evidence of membership in organizations that demand excellence from their members.

  • Evidence of accomplishment and major contributions to their field.

  • Scientific or scholarly contributions to their field are required.

  • Publications are written by a foreign national in academic or industry journals.

  • A position of leadership in a prestigious organization.

Under the considerable benefit category, these are some of Canada's LMIA-exempt work permit programs:

Entrepreneurs or Self-Employed Individuals

Entrepreneurs or self-employed individuals seeking to relocate to Canada to start or run a business may be eligible for an LMIA exemption. Applicants for this program must be the single or majority proprietors of the firm and must demonstrate that the enterprise will benefit Canada significantly. It is crucial to note that you may be qualified for this sort of Canadian work visa only if your employment in the country is temporary.

Intra-Company Transferees (ICT)

Through Intra-Company Transferees, foreign enterprises with a parent company, branch, subsidiary, or affiliate in Canada can bring critical individuals to Canada. An executive or senior management, functional managers, or an employee with a specific understanding of the enterprise's products, services, processes, and procedures must apply.

CUSMA

Citizens of the United States and Mexico can obtain a work permit without the need for an LMIA under the Canada-United States-Mexico Agreement (CUSMA). Under CUSMA, four types of temporary workers are covered:

  • CUSMA Professionals: Applicants who meet the requirements for one of about 60 selected professions.

  • CUSMA Intra-Company Transfers: Employees who are transferring to Canada to work for a branch, subsidiary, or affiliate of their US or Mexican firm and meet the ICT requirements.

  • CUSMA Traders: Workers who come to Canada to do commerce in goods or services between Canada and their home country, either the United States or Mexico.

  • CUSMA Investors: Investors that have made a significant investment in a new or existing Canadian firm and are coming to Canada to develop and direct it.

CETA

The Comprehensive Economic and Trade Agreement (CETA) allows some business visits, investors, ICT providers, service providers, and independent professionals to enter Canada without first obtaining an LMIA.

TV and Film Production Workers

Television and film production businesses are permitted to import workers to Canada if they can establish that the work to be performed by the foreign worker is critical to the production.

Reciprocal Employment LMIA-Exempt Stream

Reciprocal employment agreements permit foreign workers to work in Canada when Canadians have similar reciprocal labour opportunities elsewhere. These agreements can take the following forms:

  • International Agreements: Foreign workers must help Canada significantly.

  • International Exchange Programs: Programs that allow international students to work in Canada.

Also Read: Is PR in Canada by Investment Possible?

Charitable and Religious Work LMIA-Exempt Stream

Charity is described as the alleviation of poverty, the advancement of education, or some other community-beneficial reasons. Although being registered as a charity with the Canada Revenue Agency (CRA) is a strong indicator that an organization is benevolent, foreign workers may be eligible to work in Canada for an organization that is not registered with the CRA.

The foreign national must be a member of or share the religious beliefs of the religious community in which they wish to operate. The primary responsibilities of the foreign worker would be religious objectives such as religious training or promotion.

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Source: Live Mint

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