International Mobility Program (IMP)

Many foreign nationals do not need a Labour Market Impact Assessment (LMIA) in order to work in Canada.

Foreign workers exempt from the LMIA fall under the International Mobility Program (IMP). Being exempt from the LMIA does not mean the individual is exempt from applying for a work permit.

An overview of the IMP

Foreign workers must undergo the Canadian government’s labour market test, known as theThe Labour Market Impact Assessment (LMIA)under theTemporary Foreign Worker Program (TFWP). By contrast, foreign workers who do not require an LMIA fall under the International Mobility Program (IMP).

The purpose of the TFWP is to allow employers in Canada to hire foreign workers when no suitable Canadian worker is available for the job. The purpose of the IMP is to advance Canada’s broader economic, social and cultural interests. Because the IMP’s policy objective is more general, the Canadian government does not apply the LMIA process to foreign nationals under any IMP stream.

Some of the most common LMIA-exempt streams within the International Mobility Program (IMP) are set out below:

• Significant benefit
• Reciprocal employment
• Charitable and religious workers

Significant benefit

Beyond the situations described below in this section, Canadian visa officers have a degree of discretion in assessing whether issuing a work permit to a foreign national is desirable without an LMIA. This is known as significant social or cultural benefit.

The benefit the foreign national is expected to bring to Canada through their work must be significant, meaning it must be important or notable. Officers usually rely on testimony from credible, distinguished and respected experts in the foreign national’s field, as well as on any objective evidence provided. The foreign national’s past record is a good indicator of the level of their achievements.

Objective measures for IMP “significant social or cultural benefit”:

• Official academic records showing that the foreign national holds a degree, certificate, diploma or similar award from a university, college, school or training institution relating to their field of ability.
• Evidence from current or previous employers showing that the foreign national has substantial full-time experience in the occupation for which they are sought (substantial in this context may be taken as 10 years or more of experience).
• Being the recipient of a national or international award or patent;
• Evidence of membership in organisations that require excellence of their members.
• Having been a judge of the work of others.
• Evidence of recognition of significant achievements and contributions to the field by peers, government bodies, or professional or business associations.
• Evidence of scientific or scholarly contributions to the foreign national’s field.
• Publications written by the foreign national in academic or industry publications.
• The foreign national’s leading role in an organisation with a distinguished reputation.

Entrepreneurs or self-employed persons

An LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily to start or operate a business. Applicants for one of these IMP streams must be the sole or majority owner of the business they intend to pursue in Canada. They must also demonstrate that their business will bring significant benefit to Canada.

Entrepreneurs are only eligible for an LMIA-exempt work permit if they can demonstrate that their work in Canada is temporary. This category is particularly suited to owners of seasonal businesses.

Entrepreneurs who have applied for Canadian permanent residence may also be eligible for an LMIA-exempt work permit in this category. An entrepreneur is only eligible for an LMIA-exempt work permit if they can demonstrate that their work in Canada is temporary.

Intra-company transfers

Detailed articleIntra-company transfer (ICT).

Intra-company transferees may be granted an LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers or employees with specialised knowledge, and must work for a foreign company that has a qualifying relationship with the company in Canada.

Dependants of foreign workers

Common-law partners and children of a foreign worker holding a Canadian work permit for a skilled position do not require an LMIA. Please note that this does not apply to the common-law partners of workers under the IMP international exchange programmes.

French-speaking skilled workers

Foreign nationals recruited through an immigration promotion event for French-speaking communities, organised jointly by the federal government and French-speaking minority communities, who are destined for a province or territory outside Quebec and qualify under National Occupational Classification (NOC) level 0, A or B, may be eligible to work in Canada throughthe Mobilité Francophone programme.

Academia

This covers researchers, guest lecturers and visiting professors.

Provincial LMIA exemptions

Workers nominated by a province for permanent residence who have received a job offer in that province may be exempt from the LMIA requirement.

Reciprocal employment

Reciprocal employment agreements allow foreign workers to work in Canada where Canadians have similar work opportunities abroad.

International agreements

Canada is party to a number of international agreements intended to facilitate the entry of foreign workers. Admitting foreign workers under these agreements is deemed to bring significant benefit to Canada and therefore does not require an LMIA.The CUSMA trade agreementis one example of this.

International exchange programmes

Canada takes part in a number of international youth exchange programmes. These include the Working Holiday VisaInternational Experience Canada (IEC), the Co-op Student programme, the Young Professionals programme, and teacher exchange programmes. These programmes are exempt from the LMIA requirement.

Charitable and religious work

Charitable workers

In the Canadian context, charity is defined as the relief of poverty, the advancement of education or certain other purposes that benefit the community. Accordingly, some charitable workers do not require an LMIA to enter the Canadian labour market temporarily.

Registration with theCanada Revenue Agency (CRA)as a charity is a strong indicator that an organisation is genuinely charitable. However, a foreign national may work in Canada for an organisation covered by this LMIA exemption even if it is not registered with the CRA; the visa officer may request additional information from the employer in such cases.

The Government of Canada distinguishes between charitable workers, who require a work permit, and volunteers, who are exempt from the work permit requirement. Volunteers do not enter the labour market and their presence in Canada is only incidental to the main purpose of their visit. Charitable workers, by contrast, generally take up a position involving activity that meets the definition of work and may be compensated for that work in Canada. They therefore require a work permit, even though the LMIA process does not apply.

Religious workers

Religious work generally requires the foreign national to be a member of, or to share the beliefs of, the religious community in which they intend to work, or to be able to teach or otherwise share religious beliefs, as required by the employer.

For this LMIA-exempt category, the foreign national’s main duties should reflect a specific religious objective, for example providing religious instruction or promoting a particular religion or faith.

The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings rest.