What is an LMIA, and why are some work permits exempt from it?

When hiring foreign workers, Canadian companies may be required to submit an LMIA (Labour Market Impact Assessment), which evaluates the labour market impact. To promote international mobility and assist those who significantly benefit Canada, some work permits are excluded.

How can I determine whether an LMIA exemption applies to my employment offer?

Verify if your employment offer is related to your spouse's work or study visa, falls within international agreements, or offers a substantial advantage to Canada. For details, see the LMIA exemption codes.

Can I apply for an LMIA-exempt work visa without a job offer?

Yes, with few exceptions like international students or humanitarian situations, a legitimate employment offer is often necessary.

Who is responsible for paying the Employer Compliance Fee?

Employers who submit a job offer via the International Mobility Program are required to pay the Employer Compliance Fee.

Can I apply from within Canada for a work visa exempt from the LMIA?

If you have valid status and satisfy the qualifying conditions, you can apply from within Canada.

How long does it take to apply for a work permit exempt from the LMIA?

Although processing durations vary, they usually fall between a few weeks and a few months.

Can I go to Canada with my spouse or dependents?

Your spouse and any dependents may travel with you, but they might have to apply for separate permits.

Is it possible to become a permanent resident after having an LMIA-exempt work permit?

Yes, you can use a variety of immigration paths to become a permanent resident.

How can I prolong my work permit that is exempt from the LMIA?

Apply before your permit expires, submit proof of continuous work, and pay any fees to renew it.

What occurs if my application for an LMIA-exempt work permit is denied?

You may appeal or reapply, resolving the issues brought up after receiving a letter of denial outlining the reasons.

Work in Canada Without an LMIA: LMIA-Exempt Work Permits

Our immigration experts are ready to assist you in navigating the LMIA-exempt work permit procedure if you want to work in Canada without having to deal with the inconvenience of getting a Labour Market Impact Assessment (LMIA).

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What are LMIA Exemptions?

For certain foreign workers who wish to come to Canada and work, an LMIA exemption is akin to a shortcut. An LMIA is typically required when a business wants to recruit someone from another nation. However, certain workers are exempt from that procedure due to an LMIA exemption. The LMIA phase can be skipped, for instance, if an individual is moving from a branch of their firm in another country to one in Canada or if they are from a nation having a special trade agreement with Canada.

Types of LMIA-Exempt Work Permits

The LMIA exemption applies to several categories, including:

International Experience Canada: Programs like Working Holiday, Young Professionals, and International Co-op are all part of International Experience Canada.
Spousal Work Permits: For candidates whose spouse or partner is a skilled worker or a foreign student, there is a Spousal Work Permit.
Post-Graduation Work Permit: International full-time students who have completed their studies at a Canadian-designated learning institution are eligible for a post-graduation work permit.
Bridging Open Work Permit: Those who have filed for permanent residency and are now in Canada may apply for a Bridging Open Work Permit.
Intra-Company Transfers: Employees of businesses with a branch, parent firm, affiliate, or subsidiary in Canada are considered intra-company transfers.
International Agreements: Permits to work issued under free trade agreements such as CUSMA.
Significant Benefit: Candidates must show that their work will have a “significant” positive social, cultural, or economic impact on Canada.
In-Canada Spousal/Common-Law Partner Sponsorship: For those who apply while their sponsorship application is being processed.
Humanitarian and Compassionate Grounds: For those who, under exceptional circumstances, have been granted permanent residency in principle.

Eligibility Criteria for LMIA-Exempt Work Permit in Canada

In some circumstances, the Canadian government permits firms to recruit foreign workers without a favourable LMIA. The foreign worker must still fulfill certain eligibility requirements and the employer must demonstrate that the worker is in one of the specified LMIA exemption groups, even if an LMIA is not necessary. Although a work permit is still required, the procedure is less complicated than with the LMIA.

The foreign worker has to be permitted to volunteer in Canada or have an employment offer from a Canadian firm. To provide a job offer to a foreign employee, the Canadian company must also fulfill qualifying conditions.

How to Apply for an LMIA-Exempt Work Permit

Applying for an LMIA-exempt work permit involves several essential steps:

Employer Submits Offer:
Your employer must register and submit a job offer through the Employer Portal, paying the compliance fee if applicable. If you’ve worked full-time for at least a year on a valid work permit, or your job offer is LMIA-exempt, an LMIA may not be necessary.
Eligibility Check:
Job offers may be exempt from LMIA if they fall under categories such as:
- International agreements (e.g., CUSMA).
- Federal-provincial agreements for significant investment.
- Canadian interests, demonstrating social or economic benefits.
Gather Documents:
Collect necessary documents, including:
- Job offer letter.
- Passport and resume.
- Educational credentials and proof of qualifications.
Complete Application:
Fill out the application forms accurately, including your employer’s Offer of Employment number.
Submit Biometrics:
Provide fingerprints and photos if required.
Pay Fees:
Pay the applicable work permit processing fee.
Submit Application:
Submit your application online through the Immigration, Refugees and Citizenship Canada (IRCC) portal, ensuring all documents are attached.

Even without an LMIA, you still need a work permit to work in Canada. Following these steps will help you successfully apply for your LMIA-exempt work permit.

Processing Times of LMIA-Exempt Work Permits

After submission, processing times for LMIA-exempt work permits can vary based on factors, such as the volume of applications received by the Temporary Foreign Worker (TFW) Program.

Average Processing Times (as of September 2024):
Global Talent Stream: 9 business days
Agricultural Stream: 15 business days
Seasonal Agricultural Worker Program: 6 business days
High-Wage Stream: 53 business days
Low-Wage Stream: 51 business days
Permanent Resident Stream: 100 business days

How Eliot Immigration Corporation Can Help?

Our immigration professionals specialize in LMIA-exempt work permits. We offer personalized assistance to:

Assess your eligibility for LMIA exemptions.
Guide employers through the Employer Portal.
Prepare and review application documents.
Represent you in communications with IRCC.

Frequently Asked Questions About LMIA-Exempt Work Permit

What is an LMIA, and why are some work permits exempt from it?
When hiring foreign workers, Canadian companies may be required to submit an LMIA (Labour Market Impact Assessment), which evaluates the labour market impact. To promote international mobility and assist those who significantly benefit Canada, some work permits are excluded.
How can I determine whether an LMIA exemption applies to my employment offer?
Verify if your employment offer is related to your spouse's work or study visa, falls within international agreements, or offers a substantial advantage to Canada. For details, see the LMIA exemption codes.
Can I apply for an LMIA-exempt work visa without a job offer?
Yes, with few exceptions like international students or humanitarian situations, a legitimate employment offer is often necessary.
Who is responsible for paying the Employer Compliance Fee?
Employers who submit a job offer via the International Mobility Program are required to pay the Employer Compliance Fee.
Can I apply from within Canada for a work visa exempt from the LMIA?
If you have valid status and satisfy the qualifying conditions, you can apply from within Canada.
How long does it take to apply for a work permit exempt from the LMIA?
Although processing durations vary, they usually fall between a few weeks and a few months.
Can I go to Canada with my spouse or dependents?
Your spouse and any dependents may travel with you, but they might have to apply for separate permits.
Is it possible to become a permanent resident after having an LMIA-exempt work permit?
Yes, you can use a variety of immigration paths to become a permanent resident.
How can I prolong my work permit that is exempt from the LMIA?
Apply before your permit expires, submit proof of continuous work, and pay any fees to renew it.
What occurs if my application for an LMIA-exempt work permit is denied?
You may appeal or reapply, resolving the issues brought up after receiving a letter of denial outlining the reasons.

Ready to Work in Canada Without an LMIA?

We have successfully assisted numerous clients in obtaining LMIA-exempt work permits, making their transition to working in Canada smooth and efficient.