An LMIA-exemption refers to a situation in which it is not necessary for a Canadian employer to obtain an LMIA in order to hire a temporary foreign worker. ESDC along with Immigration, Refugees and Citizenship Canada (IRCC) maintain an index of LMIA-exemptions which are organized through the International Mobility Program.
These LMIA exemptions are based on the following conditions:
- broader economic, cultural or other competitive advantages for Canada; and
- reciprocal benefits enjoyed by Canadians and permanent residents.
In order to hire a foreign worker through the IMP, a Canadian employer must follow three steps:
- Confirm the position or worker in question qualifies for an LMIA-exemption;
- Pay the employer compliance fee of $230 CAD;
- Submit the official job offer through the IMP’s Employer Portal.
Only after completing these three steps will the foreign national be eligible to apply for their own work permit. LMIA-exempt workers may qualify for expedited work permit processing through the Global Skills Strategy if their position is NOC Skill Level A or 0 and they are applying from outside of Canada.
Table Of Interest
A significant number of LMIA-exemptions are available through international agreements between Canada and other countries. Certain types of employees can transfer to Canada from other countries, and vice versa, if they are able to demonstrate this will have a positive impact. Canada has negotiated the following Free Trade Agreements, each encompassing a range of LMIA-exemptions:
- North American Free Trade Agreement (NAFTA)
- Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- General Agreement on Trade in Services (GATS)
Canadian Interest Exemptions
Another popular category of LMIA-exemptions fall under the broad category of Canadian Interest exemptions. LMIA-exemptions under this category must demonstrate that the exemption will be in the best interest of Canada, either by being of significant benefit to Canadians or through the maintenance of reciprocal employment relationships with other nations.
In order to qualify for an LMIA-exemption under the category of significant benefit for Canadians, the employment of a foreign national must demonstrate significant social or cultural benefit to Canada. Generally, immigration officers will assess a foreign national’s past track record of success and examine testimony and recommendations of distinguished experts in the foreign nationals field in order to determine significant benefit.
Another means of securing LMIA-exemption for significant benefit is through the provision of LMIA-exemptions for intra-company transferees. Through this provision, certain companies may transfer a foreign national to a Canadian location in order to improve the quality of their business for the benefit of Canadians.
While the majority of LMIA-exemptions are granted due to either international agreements or Canadian interest, there are a number of LMIA-exemptions outside of these categories. In some cases, LMIA-exemptions are granted for humanitarian and compassionate reasons. As well, certain candidates for Canadian permanent residency may be eligible to apply for LMIA-exempt work permits.