Applicants who would like to apply for a work permit from outside Canada are eligible to do so by submitting the :
a job offer from a Canadian employer;
a completed application that shows that they meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations; and,
a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) confirming that the employer can hire a foreign worker to fill the job.
Some clients may be exempt from the requirement to obtain a job offer and/or a LMIA, depending on their situation and the type of work they wish to pursue.
JOBS EXEMPT FROM THE LMIA
1. OPEN WORK PERMIT
Foreigners that are eligible for an Open Work permit:
- Spouse/common-law partner being sponsored for Permanent Residence through an Inland Spousal Application
- Spouse/common-law partner of a Temporary Foreign Worker
- Spouse/common-law partners of International Students
studying in Canada - International Students who recently graduated from a Canadian post-secondary institution and are eligible for the Post-Graduation Work Permit Program can apply for a Post-Graduation Open Work Permit
- International Experience Canada (IEC) Candidates (Working Holiday)
Inland Sponsorship
Spouses and common-law partners being sponsored through the Inland Spousal/Common-Law Partner Sponsorship Category of the Family Class can be granted an open work permit while the application for permanent residence is being processed. This allows the Spouse/Common-law partner to work in any job while waiting for permanent residence application to be processed.Spouse/Common-law of Temporary Foreign Worker
Spouse or common-law partner of a foreign temporary worker must demonstrate that:- The principal temporary foreign worker has employment in Canada that is at a management level, or a job in a professional occupation, or as a technical or skilled tradesperson. In other words, the skill level of the principal temporary foreign worker’s job must be level 0, A or B, according to the National Occupational Classification (NOC). This skill level requirement does not apply to principal temporary foreign workers who have been nominated for permanent residence by a province (provincial nominees).
- The principal temporary foreign worker is permitted to work in Canada for a period of at least six months.
Spouse/Common-law partner of Foreign Student
To be eligible for an Open Work Permit, the spouse or common-law partner of a foreign student cannot them selves be full-time students and must demonstrate that:- The foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; or
- The foreign student has graduated and is the holder of a valid work permit for a job related to his or her studies.
International Graduates
To be eligible for an open work permit, graduating international students must meet the requirements under the Post-Graduation Work Permit Program.International Experience Canada
Open work permits are also available to candidates for the International Experience Canada (IEC) Candidates under the Working Holiday category.2. OTHER LMIA EXEMPT WORK PERMITS
Closed LMIA-exempt work permits authorize a foreign national to work in a specific position for a specific employer, but don’t need a positive LMIA. Usually, whether or not a closed work permit is LMIA-exempt depends on the nature of the job.
Significant Benefit
This exemption can be applied if your employer is able to prove that you will bring an important social, cultural, or economic benefit to Canada. For example:
- Technical workers, creative and performing artists, self-employed engineers, etc.
- Intra-company transferees with specialized knowledge that will contribute to the Canadian economy through their specialized skills and experience
- Workers under Mobilité francophone
Reciprocal Employment
This exemption allows foreign workers the opportunity work in Canada in specific industries where Canadians have similar opportunities in other countries. For example:
- Professional athletes and coaches working with Canadian teams
- Professors, guest lecturers, and students participating in exchange programs
Entrepreneurs & Self-Employed
Foreign nationals who want to work for themselves or operate their own business temporarily in Canada need to demonstrate that their business would generate significant economic, social, or cultural benefits for Canadian citizens or permanent residents to be granted a LMIA exemption.
Intra-Company Transferees
International companies can temporarily transfer employees to a Canadian branch without requiring an LMIA.
French-Speaking Skilled Workers
French-speaking skilled workers who have a valid job offer in a province or territory outside of Quebec may be exempt from needing an LMIA.
International Trade Agreements
Some international Free Trade Agreements (FTAs) contain provisions to make it easier for business people to work temporarily in the signed countries. While foreign workers covered by an applicable FTA still usually need a closed work permit, they are exempt from the LMIA requirement. The North American Free Trade Agreement (NAFTA), General Agreement on Trade in Services (GATS), and the Comprehensive Economic and Trade Agreement (CETA) are both examples.
International Youth Exchange Programs
Canada also participates in some international youth exchange programs that allow young people to travel and work in Canada without requiring an LMIA. For example, the Young Professionals category of International Experience Canada for individuals with a job offer in Canada that contributes to their professional development.
Minister-Designated Exemptions
This exemption applies to specific situations and is at the discretion of the Minister of Immigration. For example:
- Academics, researchers, guest lecturers and visiting professors who are sponsored through a recognized federal program
- Medical residents and fellows, and people who have received academic awards through Canadian institutions
Please contact us if you believe you are eligible in any of the above category.
Thanks to everyone out there.
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