How to Get a Canada Work Permit Without an LMIA in Canada?
A Labour Market Impact Assessment (LMIA) is required for the majority of Canada Work Permit applications. An LMIA guarantees that the employment of a foreign worker will have a positive impact on the Canadian labour market and economy. Obtaining an LMIA is a complicated and time-consuming process that many employers avoid.
Some foreign workers are permitted by the Canadian government to operate in Canada without an LMIA. This workforce is covered by the International Mobility Program (IMP). The objective of the IMP is to advance the economic, social, and cultural interests of Canada. Some of the most prevalent LMIA-exempt streams fall under the IMP, which is subdivided into three categories.
Types of Canada work permit:
There are two types of work permits available for Canadian employment: the open work permit and the employer-specific work permit.
The open Canada work permit is not restricted to a particular employer or employment. In contrast, employer-specific work permits allow foreign employees to work only for a specific employer in a specific position. These permit holders must apply for a new Canada work permit if they desire to switch jobs or take on additional responsibilities within the same position.
LMIA and Canada work permit:
Employers who wish to engage a foreign worker must obtain an LMIA or Labour Market Impact Assessment. This is required to demonstrate that the employer attempted to fill the vacant position with a Canadian citizen or permanent resident but was unsuccessful prior to employing a foreign worker.
A foreign labourer applying for a work permit is required to include a copy of the LMIA with his application. Nonetheless, certain employment permits are exempt from the LMIA.
Closed LMIA-exempt Canada Work Permit
Open work permits do not require an LMIA from the employer for approval, whereas closed permits do.
The majority of work permits are closed work permits, which necessitate a positive LMIA. Employer-specific and applicable only to the position and employer specified in the LMIA, closed work permits are restricted to a single employer.
The closed LMIA-exempt work permits allow foreign employees to work for a specific employer in a specific position without the need for an LMIA. Typically, the nature of the position determines whether or not it is exempt from LMIA.
Work Permits Exempt from LMIA in Canada
CATEGORY 1: Significant Benefit
Open work permits do not require an LMIA from the employer for approval, whereas closed permits do.
The majority of work permits are closed work permits, which necessitate a positive LMIA. Employer-specific and applicable only to the position and employer specified in the LMIA, closed work permits are restricted to a single employer.
The closed LMIA-exempt work permits allow foreign employees to work for a specific employer in a specific position without the need for an LMIA. Typically, the nature of the position determines whether or not it is exempt from LMIA.
Entrepreneurs and Self-Employed Individuals
Exemptions from the LMIA may be granted to foreign nationals who wish to enter Canada in order to establish or operate a business. Immigrants who wish to apply for a Self-Employed Visa or an Entrepreneur Visa must demonstrate that they are the sole (or majority) proprietor of the business and that it has a substantial economic impact.
Intra-Company Transfers
The Canada Intra-Company Transfer (ICT) stream is a popular option for foreign employees who wish to relocate to Canada. Under this program, candidates working for organizations with a parent firm, branch, subsidiary, or affiliate in Canada may be able to obtain a Canada work permit for Canada without an LMIA.
CUSMA
The Canada-United States-Mexico Agreement (CUSMA) is a free trade agreement that enables U.S. businesses to trade with Canada and Mexico. and Mexican citizens to work and reside in Canada without an LMIA. CUSMA is divided into four categories: CUSMA Professionals, CUSMA Intra-Company Transfer, CUSMA Traders, and CUSMA Investors.
CETA
CETA (Comprehensive Economic and Trade Agreement) allows certain business visitors, investors, information and communications technology (ICT) professionals, service providers, and other independent professionals to reside and work in Canada without an LMIA. CETA is a free-trade pact between Canada, the European Union (EU), and its member states.
TV and Movie Production Employees
Television and film production companies are permitted to bring workers into Canada if they can demonstrate that the worker’s labour is indispensable to the production of the television show or film.
CATEGORY 2: Reciprocal Employment
Canada’s Reciprocal Employment program allows foreign employees to reside and work in Canada, provided that Canadians have equivalent employment opportunities abroad (reciprocal). These contracts may assume the following forms:
International Accords
The labourer must provide substantial benefits to Canada.
Program for International Exchange
An employment program for International Youth in Canada.
Category 3: Charitable and Religious Employees
Charitable Employees
Being registered as a charity with the Canada Revenue Agency (CRA) is a strong indicator that an organization is charitable in nature, but foreign workers may be able to reside and operate in Canada without an LMIA for an organization that is not registered with the CRA.
Religious Workers
Foreign Nationals who are members of or share the religious beliefs of a particular religious’ community in Canada are permitted to labour in the designated area without an LMIA. The primary responsibility of the foreign labourer must be the instruction or promotion of a particular religion or faith.
