LMIA-Exempt Work Permit
Work in Canada, no LMIA required: Explore LMIA-exempt Work Permits.
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LMIA-Exempt Work Permit
What is an LMIA?
A Labour Market Impact Assessment (LMIA) is a document Canadian employers may need before they can hire a foreign worker. A positive LMIA confirms that the job requires a foreign worker because no Canadian citizen or permanent resident is available to fill the position. This approval is sometimes called a confirmation letter.
If an LMIA is required, the employer must apply for it. Once approved, the foreign worker can use it to apply for a work permit. To do that, the worker needs a job offer, a contract, the work permit support letter (WPSL), and the LMIA number.
Who can get a LMIa-Exempt Work Permit?
To qualify for an LMIA-exempt Work Permit, foreign workers must meet specific criteria based on the nature of their work and the broader benefits to Canada. Some common exemptions include:
International Agreements
Workers covered by international agreements like CUSMA or CETA, as well as provincial agreements such as provincial nominees (PNP), may qualify for LMIA exemption. This allows professionals, traders, and investors to work in Canada without the lengthy LMIA process.
Significant Benefit to Canada
Foreign workers who can demonstrate that their skills or expertise provide substantial social, cultural, or economic benefits to Canada may qualify for an LMIA exempt permit. This includes roles that enhance innovation, create jobs, or contribute to community development.
Intra-Company Transfers
Employees of multinational companies transferring to a Canadian branch, subsidiary, or affiliate may be eligible for LMIA exemption. This facilitates the transfer of expertise and maintains operational continuity for companies expanding their Canadian operations.
Canadian Interests
Foreign workers whose employment supports Canadian interests, such as advancing international relations or scientific research, may qualify for LMIA exemption. This category encourages the influx of foreign talent that aligns with Canada’s strategic objectives.
Charitable or Religious Work
Workers involved in charitable or religious activities may qualify for LMIA exemption if their role supports a recognized Canadian organization. This includes both volunteers and professionals contributing to community service and social development.
Post-Graduate Work Permits
Graduates from designated Canadian institutions who meet specific criteria for a Post-Graduate Work Permit are eligible for LMIA exemption. This opportunity allows them to gain valuable work experience in Canada while contributing to the local economy.
LMIA-Exempt Work Permit Requirements
To apply for a LMIA exempt Work Permit, you must meet the following criteria:
Employer Compliance Fee
To hire a temporary worker under the International Mobility Program, employers must pay the employer compliance fee (CAD $230) and submit an offer of employment through the Employer Portal,. This form includes details about the business, the foreign worker, and the job's wages and benefits.
Canadian Job Offer
Applicants must secure a formal job offer from a Canadian employer in a role that qualifies for LMIA exemption. This could include positions covered under international agreements, reciprocal employment arrangements, or those benefiting public policy initiatives.
Specific LMIA Exemption
Applicants must be eligible for a LMIA exemption code under a specific category, such as intra-company transferees, professionals under international agreements like CUSMA (USMCA), Provincial Nominees (PNP), competitiveness, or involved in charitable or religious work.
Proof of Qualifications
The applicant must supply documents proving they have the necessary skills, education, and experience for the offered job. This includes an educational credential assessments (if foreign trained), prior job experience, and/or professional certifications (trades) relevant to the position.
No Impact on the Canadian Job Market
Exemptions are typically granted when the job fills a specific need that aligns with a public policy, or international or provincial agreement, meaning it won't displace Canadian workers.
Valid Travel Documents
The applicant must possess a valid passport and meet Canada's admissibility criteria, including criminal background checks and sometimes a medical exam, ensuring they are eligible to enter and work in Canada.
How to Apply for a LMIA-Exempt work permit
Confirm LMIA Exemption Eligibility
Begin by confirming whether your job offer is eligible for an LMIA exemption. Certain positions are exempt, including those under international agreements (such as CUSMA), intra-company transferees, provincial nominees, or jobs providing significant cultural, social, or economic benefits to Canada. Research the exemption category that applies to your role or situation to ensure eligibility before proceeding.
Obtain a Job Offer
Once eligibility is confirmed, you must secure a formal job offer from a Canadian employer. Make sure the employer understands the LMIA exemption process, as they will play a crucial role in your work permit application. The job offer should meet specific criteria, such as being high-skilled (TEER 0, 1, 2, or 3) and offering appropriate wages and benefits as per Canadian labor standards.
Employer Submits Offer of Employment
Your employer will need to submit the offer of employment through the Employer Portal. They are also required to pay the employer compliance fee of CAD $230, unless exempt. This submission will include important details about the employer’s business, your role, salary, and other employment benefits. Once completed, the employer must provide the foreign worker with the offer of employment no.
Gather Required Documents
Prepare all necessary documentation for your work permit application. This typically includes the job offer letter, proof of your qualifications (such as degrees or work experience), and a valid passport. Depending on your exemption category, you may need additional documents, such as a letter of support from your employer or a statement explaining the economic benefits your job brings to Canada.
Apply for the Work Permit
Once all documents are ready, submit your LMIA-exempt work permit application to Immigration, Refugees and Citizenship Canada (IRCC). Ensure you include the offer of employment no. and pay the applicable fees. After submitting, monitor your application status and wait for a decision. If approved, you will receive a letter of introduction, allowing you to travel to Canada and begin working in your specified role.
LMIA-Exempt Work Permit FAQs
Employers who don’t need to pay the Employer compliance fee include those hiring workers under specific exemptions. These include:
- International missions or consular posts
- International organizations recognized under the Foreign Missions and International Organizations Act
- Foreign governments
- Owners or operators of international bridges or tunnels
Additionally, employers hiring workers under non-trade international agreements, reciprocal employment, research programs, or unremunerated charitable or religious work are exempt from the fee. Proof of participation in these programs is required when submitting the offer of employment.
Employers hiring workers with open work permits are also exempt from paying the fee or submitting an offer of employment form. Open work permits allow workers to be employed by any Canadian employer without additional compliance steps.
Before your temporary worker flies to Canada, there are several important things to make them aware of:
Entry Documents: Ensure your worker has the correct entry documents, such as a visitor visa or an electronic travel authorization (eTA). These are issued along with their work permit if they are coming from another country.
Medical Examination: Depending on the type of work they’ll be doing in Canada and their country of residence in the past year, they may need to undergo a medical examination during the application process.
Exit Requirements: Some countries require citizens to obtain an exit visa or other documents before leaving. Your worker should verify any such requirements with their local government before departing.
Work Permit Validity: It’s crucial that the temporary worker has a valid work permit and adheres to the conditions stated on it.
Worker Rights in Canada: Provide your worker with information on their rights while working in Canada. This helps ensure they are aware of labor protections and their entitlements.
A LMIA Exempt Work Permit Application for Canada typically costs CAD $155, plus CAD $85 for biometrics when applied for directly through the Government of Canada (IRCC).
At Cantrust Visa, we offer a comprehensive LMIA Exempt Work Permit application service for USD $1,000 (single applicant). Please note that government fees are not included.
The processing times for an LMIA-exempt work permit application can vary based on the applicant’s country of residence and the specific visa office processing the application. Generally, it can take anywhere from 2 weeks to several months. Factors such as the type of work permit, completeness of the application, and potential request for additional documents can affect the timeline.
At Cantrust Visa, we can help streamline the process by ensuring your LMIA-exempt work permit application is complete, accurate, and submitted promptly. Our team handles all the paperwork, reducing the risk of delays and providing updates at every stage, so you can focus on preparing for your move to Canada.
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