October 25, 2023

How Can I Work In Canada If I Don’t Have An LMIA?

A Canadian company may need a Labour Market Impact Assessment, or LMIA, before hiring a foreign worker. A copy of the LMIA documentation, an LMIA number, a job offer letter, and a contract is required for a foreign worker to apply for a work visa in Canada. This method ensures that not only are Canadians given first preference for jobs but that foreign workers are paid properly and enjoy excellent working conditions in Canada for LMIA positions.

The good news is that some classes of foreign employees can work in Canada without obtaining an LMIA under the International Mobility Program. These people are exempt from an LMIA because they often occupy important positions. Additionally, in some circumstances, such as when they are the wives of skilled foreign workers, foreign nationals may be denied an LMIA document.

 

The purpose of a labor market impact evaluation is to determine if hiring a foreign worker will have a favorable or neutral effect on the Canadian labor force (LMIA). The Temporary Foreign Worker Program includes work permits needing an LMIA (TFWP). Certain foreign workers are allowed to work in Canada without an LMIA. This personnel is covered under the International Mobility Program (IMP). The advancement of Canada's economic, social, and cultural interests is the goal of the IMP. The IMP, which applies to some of the most well-known LMIA-exempt streams, may be divided into the following groups:

  • Significant Benefit
  • Reciprocal Employment
  • Charitable and Religious Workers

 

Significant Benefit

The foreign national's proposed job must be significant enough to be thought of as helpful to Canada. For immigration officials in Canada, the choice of who gets a work permit under this category is very arbitrary. Some objective indications for "significant social or cultural benefit" are as follows:

  • A transcript from a university or other learning institution demonstrating the foreign employee's possession of a degree, diploma, certificate, or other honor related to their area of competence
  • Evidence from current or previous employers demonstrating the foreign employees' experience in the profession or skill area
  • Awards or patents have been given to a foreign national at the national or international level.
  • Proof of membership in groups that expect excellence from their members
  • A list of their achievements and significant contributions to their field
  • Proof of their field's academic or scientific accomplishments
  • Articles in intellectual or professional journals by the foreign national
  • Leadership position in a reputable organization

 

Listed below are some of Canada's significant benefit-eligible work permit programs excluded from the LMIA.

Entrepreneurs or Independent Contractors

An LMIA exemption may be given to entrepreneurs or self-employed individuals who wish to immigrate to Canada in order to launch or operate a company. The applicant for this program must be the only or main owner of the company and must be able to show how the company will significantly benefit Canada. It's vital to keep in mind that you could only qualify for this kind of work visa if your employment in Canada is relatively temporary.

 

Intercompany Transferees (ICT)

Intra-Company Transferees allow foreign enterprises with Canadian parent companies, branches, subsidiaries, or affiliates to send key employees to work there. The candidate must be senior management, functional manager, executive, or employee with a specific understanding of the company's goods, services, operations, and practices

 

CUSMA

  • Citizens of Mexico and the United States can get work permits under the Canada-United States-Mexico Agreement (CUSMA) without first obtaining an LMIA.
  • According to CUSMA, there are four types of temporary employment covered:
  • CUSMA Professionals: Candidates who are qualified to work in one of the 60 targeted professions.
  • CUSMA Intra-Company Transfers: Employees moving to Canada to work for a US or Mexican employer's branch, subsidiary, or affiliate who satisfy the ICT criteria
  • CUSMA Traders: Workers travel to Canada in order to do commerce in commodities or services between Canada and their native US or Mexico.
  • CUSMA Investors: those who are coming to Canada to establish and manage a sizable investment in a brand-new or already-existing Canadian company.

 

CET

According to the Comprehensive Economic and Trade Agreement (CETA), some business travelers, investors, information and communications technology (ICT) providers, service providers, and independent professionals can visit Canada without an LMIA.

 

Production personnel for TV and film

If production firms for television and movies can show that the job that the foreign worker will do is crucial to the production, they may import the worker into Canada.

 

Reciprocal Employment

Reciprocal employment agreements let foreign workers work in Canada where there are comparable chances for reciprocal employment overseas for Canadians. These agreements may take the following forms:

  • International Agreements: Canadians must significantly profit from hiring foreign workers.
  • International exchange programs: This program allows young people from other countries to work in Canada.

 

Religious and charitable work

  • Charitable Employee: The definition of charity is the alleviation of poverty, the advancement of education, or certain other community-beneficial goals. Foreign employees may be eligible to work in Canada for a group that is not registered with the Canada Revenue Agency (CRA) despite this being a clear indication that the company is charitable in character.
  • Religious Employee: The foreign national must belong to or adhere to the same religion as the community in which they will be employed. One specific religious goal, such as teaching or promoting religion or faith, would be the major responsibility of the foreign worker.

 

How do we help you migrate?

Giving you the information you need to make wise decisions is our main objective as one of the top immigration experts in Dubai. We assist you in planning your immigration to Canada so that you can eventually have a fulfilling life in the nation of your choice. It is crucial to get in touch with Canada Immigration Consultants so they can help and guide you through the process because immigration standards and laws are always changing and challenging to understand and follow. To help you perform at your best in front of the Canada Immigration Department, we offer qualified one-on-one assistance.

We help clients by assessing their chances of receiving a visa, assisting them in preparing for VISA interviews and offering feedback and creating a specific immigration strategic plan for each client. To quickly determine your eligibility, just complete our application form. Best wishes!