What are LMIA Exempt Work permits?

Canada Work Permit - Excemptions from LMIA

The general rule is that if you want to apply for a Canadian work permit you require a Labor Market Impact Assessment (LMIA), better known as Labour Market Opinion (LMO). However, there are certain exemptions to this rule.  The groups of programs that are exempt from the LMIA requirement are called International Mobility Programs.

Before a Canadian employer can hire a foreign worker, they need to get an LMIA. Often a positive LMIA, is considered a confirmation letter, that proves that the employer in question has failed to find a right permanent resident or Canadian citizen to fill the vacant position, hence they have a employ a foreign skilled professional.

When a skilled professional applies for work visa, they have to submit a copy of the positive LMIA, the applicant is required to mention the LMIA number on the visa application. However, there are certain exceptions to the same:-

There are three types of work permits:-

  • Closed Work Permits:- majority of the work permits are closed work permit, it requires a positive LMIA. A closed work permit is issued to foreign skilled worker in order to work in a specific position, for the specific employer that is listed on the LMIA.
  • Open Work Permits:- It allows foreign skilled workers to work in any position, for any employer, without obtaining positive LMIA. You also do not need a prior job offer.
  • Closed LMIA-exempt Work Permits:- it somewhere in the middle of above two permit. They allow foreign skilled workers to work in a specific position, without a LMIA.

LMIA Exempt list of all Programs:-

Below is a list of programs that does not require a LMIA:-

Canada International agreements

  • Non-trade
  • Unique work situations:
  • Airline personnel (operational, technical and ground personnel)
  • United States government personnel

Canada Free Trade Agreements (FTA)

  • Trader
  • Investor
  • Professional/technician
  • Intra-company transferee

General Agreement on Trade in Services (GATS)

  • Professional
  • Intra-company transferee

 Comprehensive Economic and Trade Agreement (CETA)

  • Investor
  • Contractual service supplier
  • Independent professional
  • Intra-corporate (company) transferee

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

  • Spouse
  • Investor
  • Intra-company transferee
  • Professional or technician

Out of national interest

  • Significant benefit – if a foreign worker is capable of bringing important social, cultural, or economic benefit to the country
  • Unique work situations:
  • Airline personnel (foreign airline security guards)
  • Interns with international organizations recognized under the Foreign Missions and International Organizations Act
  • Rail grinder operators, rail welders or other specialized track maintenance workers
  • Experts on mission, working for a United Nations office in Canada
  • Foreign physicians coming to work in Quebec
  • Entrepreneurs
  • Unique work situations:
  • Fishing guides (Canadian lakes)
  • Foreign camp owner or director, and outfitters
  • Foreign freelance race jockeys
  • Intra-company transferees
  • Unique work situations
  • Airline personnel (station managers)
  • Emergency repair or repair personnel for out-of-warranty equipment
  • Television and film production workers
  • Francophone mobility
  • Live-in caregivers whose permanent residence application is submitted
  • Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)
  • Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP
  • Bridging open work permits (BOWPs)
  • Caregivers under the HCCPP or HSWP
  • Unique work situations
  • Certain Quebec Selection Certificate (CSQ) holders currently in Quebec

Reciprocal employment

  • Reciprocal employment – foreign workers get jobs in Canada when Canadians have similar opportunities in other countries.
  • Unique work situations:
  • Fishing guides (border lakes)
  • Residential camp counselors
  • United States government personnel (family members)
  • Youth exchange programs
  • Academic exchanges (professors, visiting lecturers)
  • Performing arts

Competitiveness and public policy

  • Spouses of skilled workers
  • Spouses of students
  • Post-graduate employment
  • Post-doctoral Ph.D. fellows and award recipients
  • Off-campus employment for students
  • Medical residents and fellows

Refugee claimants

Persons under an unenforceable removal order

Permanent residence applicants in Canada

  • Permanent residence applicants in Canada:
  • Live-in-caregiver class
  • Spouse or common-law partner in Canada class
  • Protected persons under subsection A95(2)
  • Section A25 exemption (humanitarian and compassionate grounds)
  • Family members of the above

Note:- if you are exempted from the LMIA requirement it does not mean that you are exempted from obtaining a work permit. Applicants still require a work permit to legally work in the Maple Leaf Country.

For more information, visit Canauz Overseas today. You can also get in touch with immigration experts by writing to us info@canauzoverseas.com or call us +91 86883161 51 / 60