LMIA Exemptions
LMIA Exemptions
Canada is a highly developed country that is very interested in attracting foreign specialists from all over the world. The chances for applicants to get a good legal job in this country are very high, individuals just need to meet the requirements put forward. Every year approximately 150,000 people become citizens of this state. Despite active immigration, the country is very concerned about its citizens and their well-being. One of the tools of such care is the obligation of Canadian employers to justify the need to attract foreign specialists to perform work in Canada. Most of the newcomers move to Canada for work. People are looking for a job in Canada and their employers go through lengthy bureaucratic processes to get new hires. Therefore, sometimes the hiring party has to apply for a Labor Market Impact Assessment (LMIA) with Employment and Social Development Canada (ESDC). The ESDC then reviews the application and issues an assessment or report called the LMIA. This report describes the impact that the employment of a foreign worker will have on the Canadian labour market. However, there are some cases in which an LMIA is not required and this article will consider all the possible LMIA exemptions.
LMIA Exemptions : Significant Benefit to Canada
The first case, when you can get LMIA exemptions, if you can bring “a significant benefit” to Canada. The concept and elements of a “significant benefit” will differ depending on the applicant's professional field. Canadian visa officers may have some flexibility in assessing whether issuing a work permit to a foreign national is desirable without having to go through the LMIA in accordance with the designated procedure. It is about a significant social or cultural advantage. While working in Canada, a foreign national must be of significant value, which implies that he or she is an important or outstanding professional. Officials rely equally on the testimony of reputable experts who are credible about foreign nationals and on the objective evidence provided. Recent successes can be evidence of the level of achievement of a foreign citizen. Among evidence an applicant can use a diploma or certificate from the educational institution, the recommendation letters from former employers that can guarantee that an individual is an expert in his or her field, scientific or scholarly achievements, a document of membership or a leading position in the world organizations and many more. The significant benefit approach may include such categories as intra-company transferees, participants of the program Mobilité Francophone and scholars.
A work permit for “Intra-Company Transferees” or internal company employees ,who will continue to work in the office in Canada. These work visas are issued to applicants, who hold management positions in a company or have specialized skills and knowledge that can positively influence the operation of the local branch or make a special contribution to the results of the company. This type of visa will be granted only to those candidates who have worked in the company for a long time. Most often, the applicants for this role are the best people in the industry, e.g. engineers, analysts and doctors.
LMIA Exemptions: Entrepreneurs & Intra-Company Transferees
Besides, the LMIA exemptions can be granted to some entrepreneurs, who wish to temporarily come to Canada to start a business or to run a business. Applicants for one of these programs must be the sole or primary owners of the business they intend to start in Canada. They will also need to demonstrate that their business will bring significant benefits to Canada. Employers are eligible for work permits without an LMIA if they can demonstrate that work in Canada is temporary. This category is particularly well suited for seasonal business owners. Entrepreneurs who have already applied for permanent residency in Canada can also apply for work permits without obtaining an LMIA under this category. Employers are eligible for a work permit without an LMIA if they can demonstrate that their work in Canada is temporary.
A work permit for intra-company transferees under the “International Business Start-up in Canada” program is considered if the working foreign business plans to open a representative office in Canada and needs a specific employee in the Canadian representative office. First of all, the employing company must confirm and substantiate the financial opportunity for doing business in Canada. In addition, it will be necessary to establish the main functions and plans that the applicant for a work visa will implement. Only after all the conditions are met, the employee will receive a work permit for one year.
LMIA Exemptions: Mobilité Francophone program
Another LMIA exemptions are directed at foreign workers, who are fluent in French and have gone through the recruiting process through a specialized and authorized organization. Such expatriate employees must obtain a job offer from a company that is not located in the province of Quebec. Workers must be qualified according to the National Occupational Classification (NOC) Level 0, A, or B to be eligible to work in Canada through the program Mobilité Francophone. The Mobilité Francophone program aims to attract and reward new immigrants who choose to reside in Canadian territories outside of Quebec. Immigration, Refugee and Citizenship Canada (IRCC) wants French-speaking immigrants to account for at least 4.4% of the total economic immigrants settling outside Quebec. This allows employers in Canada to hire a French-speaking foreign specialist in managerial, professional and technical qualifications without the complicated process of obtaining LMIA.
The category of scholars is also LMIA exempt. The academics, researchers and professors who come to Canada for a short time to give lectures, participate in research or conferences do not need any assessments.
In addition, the spouses and children of foreign workers who are authorized to work in Canada in skilled positions do not need an LMIA. Please note that this does not apply to spouses of International Exchange Program employees.
LMIA Exemptions: International Experience Canada
There is a notion of a reciprocal agreement. The idea of these terms is that it allows foreign workers to work in Canada and provides a similar opportunity for Canadian workers abroad. A bright example of such an agreement is North American Free Trade Agreement (NAFTA) also known as Canada-United States-Mexico Agreement (CUSMA). These countries collaborate and cooperate in economic terms. If you are a citizen of these countries you might be interested in the details of how to get a work permit in Canada using these conditions. Another instance of reciprocal agreement is the International Experience Canada (IEC) program that is designed to empower young people to work in Canada temporarily. Citizens of countries with a bilateral youth mobility agreement with Canada between the ages of 18 and 35 are eligible for an IEC work permit. An IEC offers work to young professionals to gain international working experience in Canada or get an internship.
IEC members can obtain open work permits that allow people to work in any city in Canada and for any Canadian employer. To be eligible for the IEC, a candidate must be a citizen of one of the 32 countries that have a bilateral youth mobility agreement with Canada, be between the ages of 18 and 35 at the time of application, have money for staying in Canada and tickets for departing the country. Also, young adults cannot have any dependents, IEC is not providing work permits exemptions for spouses or children of a candidate.
LMIA exemptions : religious and charity workers
A very special category of employees who are part of LMIA exemptions are religious and charity workers. According to the NOC Table, the code for religious professions moving to Canada states that workers in other religious professions are nuns, monks, religious educators and others who provide support to ministers of religion or the religious community and who perform specific functions. related to the practice of religion. They may perform these duties in churches, synagogues, temples, or other places of worship; in institutions such as schools, hospitals and prisons; or in industrial or corporate enterprises; or they may be in private practice. Nevertheless, there is a strict requirement that an individual must be a part of a particular community that can take responsibility for the applicant if something goes wrong. The same applies to charitable workers who need to be either registered with the Canada Revenue Agency (CRA) or work in an organization that works through CRA. This moment is essential because only the CRA can identify a corporation as a charitable organization. Please note that there is a huge difference between a volunteer and a charitable worker. The former does not need a work permit.
An exemption from obtaining an LMIA does not mean that a person is exempt from obtaining a work permit. All cases on the LMIA exemption cases mentioned above require a work permit to work legally in Canada as well as a temporary resident visa or electronic travel authorization (eTA). The border officer has the right not to allow you to enter the country if some documents are missing. This applies not only to visa but all the evidence that a foreigner will have to present to prove that a newcomer is a certified professional and came to the country to work.
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