LMIA exemptions

Many foreign nationals are exempt from the LMIA (Labour Market Impact Assessment) in order to work in Canada.

LMIA-exempt foreign workers fall under theInternational Mobility Program (IMP). Being exempt from the LMIA does not mean the individual is exempt from applying for awork permit.

Overview

Foreign workers who require the Canadian government’s labour market test, known as theLabour Market Impact Assessment (LMIA), fall under theTemporary Foreign Worker Program (TFWP).

Foreign workers who do not require an LMIA, by contrast, fall under theInternational Mobility Program (IMP). The purpose of the TFWP is to allow employers in Canada to hire foreign workers where no suitable worker is available in Canada to do the work.

The purpose of the IMP is to advance Canada’s broad economic, social and cultural interests. Because the IMP’s policy objectives are wider, the Canadian government does not apply the LMIA process to foreign nationals under any of the IMP streams.

Some of the most common LMIA-exempt streams under the International Mobility Program (IMP) are set out below. This page is divided into the following sections:

• Significant benefit
• Employment under reciprocal agreements
• Charitable and religious workers

Significant benefit

Beyond the cases set out below in this section, Canadian visa officers have a degree of flexibility in assessing whether it is desirable to issue a work permit to a foreign national without an LMIA. This is known as significant social or cultural benefit.

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

Objective criteria for “significant social or cultural benefit” include:

• Official academic records showing that the foreign national holds a degree, diploma or similar award from a college, university, school or other educational institution relating to their field of competence.
• Evidence from current or previous employers showing that the foreign national has significant full-time experience in the occupation for which they are sought (significant in this context may be taken to mean ten years’ experience or more).
• Having received a national or international award or a patent.
• Evidence of membership of organisations that require excellence of their members.
• Having acted as a judge of the work of others.
• Evidence of recognition of significant achievements and contributions in the field from peers, government bodies, or professional or business associations.
• Evidence of scientific or scholarly contributions in the foreign national’s field.
• Publications authored by the foreign national in academic or industry publications.
• The foreign national’s leading role in an organisation with a distinguished reputation.
• Those working inworking in the television and film production industry.

Entrepreneurs/self-employed persons

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

Entrepreneurs qualify for an LMIA-exempt work permit only if they can demonstrate that their work in Canada is temporary in nature. This category is particularly suited to owners of seasonal businesses. Entrepreneurs who have applied for Canadian permanent residence may also qualify for an LMIA-exempt work permit in this category. Entrepreneurs qualify for an LMIA-exempt work permit only if they can demonstrate that their work in Canada is temporary in nature.

Intra-company transferees

Intra-company transfereesmay be granted an LMIA exemption for a temporary transfer to Canada. The transferee must be considered an executive, a manager or a worker with specialised knowledge, and must work for a foreign company with a qualifying relationship to the company in Canada.

Dependants of foreign workers

The spouse and children of a foreign worker holding a Canadian work permit for a skilled position do not require an LMIA. Note that this does not apply to the spouses of workers under the International Exchange Program.

French-speaking skilled workers

Foreign nationals recruited through a French-speaking immigration promotion event co-ordinated between the federal government and francophone minority communities, whose destination is a province or territory outside Quebec and who qualify under National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada throughMobilité Francophone.

Academia

This includes 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.

Employment under reciprocal agreements

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

International agreements

Canada is party to a number of international agreements that facilitate the entry of foreign workers. Admitting foreign workers under these agreements is considered to bring significant benefit to Canada and therefore requires no LMIA.Work permits through CUSMAis one example of this.

International exchange programmes

Canada takes part in several international youth exchange programmes. These include the Working Holiday Visa ofInternational Experience Canada (IEC), the Student Co-op programmes, 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 assistance in relieving poverty, advancing education, or some other purpose benefiting the community. Certain charitable workers therefore do not require an LMIA to enter the Canadian labour market temporarily.

Registration with the Canada Revenue Agency (CRA) as a charity is a strong indicator that an organisation is genuinely charitable in nature. A foreign worker may, however, work in Canada for an organisation under this LMIA exemption without CRA registration; in that case, the visa officer may request further information from the employer.

The Canadian government distinguishes between charitable workers, who require a work permit, and volunteer workers, who are exempt from one. Volunteer workers do not enter the labour market and their presence in Canada is merely incidental to the main purpose of the visit. Charitable workers, by contrast, usually take up a position involving activity that meets the definition of work and may be remunerated for their work in Canada. They therefore require a work permit, although no LMIA process is required.

Religious workers

Religious work usually requires the foreign national to be part of, or to share, the beliefs of the particular religious community in which they intend to work, or to be able to teach or share other religious beliefs, as required by the employer.

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

The work should involve promoting the spiritual teachings of a religious faith, as well as upholding the doctrines and spiritual practices on which those teachings rest.

Find out more about LMIA exemptions on the Government of Canada website athere.