LABOUR MARKET IMPACT ASSESSMENT (LMIA) & LMIA - EXEMPT

Foreign nationals who wish to work in Canada are generally required to have a job offer from a Canadian employer to obtain a work permit. Before being eligible to apply for a work permit, the potential employer may have to apply for a Labour Market Impact Assessment (LMIA). The purpose of an LMIA is to prove that a foreign worker is necessary for a specific job position; it must be true that no Canadian worker or permanent resident is available to do the job.

In some case, the employee, with the support of their employer, may be eligible for a LMIA- exempt work permit. There are several programs that are LMIA -exempt. Some examples are the French Mobility Program, Intra-company transfer, reciprocal work permits and more.

INTRA-COMPANY TRANSFER WORK PERMIT

An intra-company transfer can occur when an employee of an international company is deemed necessary for the organizations Canadian branch/location. The employee can then be transferred to the employer’s Canadian location and permitted to work for the Canadian location. This transfer does not require an LMIA.

FREE TRADE AGREEMENT - WORK PERMIT

Canada has free trade agreements with certain countries including the United States, Mexico, Chile, Peru, Colombia, and Korea among others. If you are a citizen of one of these countries, and you have a valid job offer in Canada, you may be eligible to apply for an LMIA-exempt work permit. . The criteria for these work permits are dependent on the country of citizenship of the person applying for the work permit. Contact us to learn more and find out if you are eligible.

OPEN WORK PERMIT

An open work permit would allow you to work in almost any occupation across Canada.

There are several ways in which you can obtain an open work permit. You can be a 25-year old Ireland national who wishes to work and travel Canada for a year or be the spouse of an international student studying in Canada.

Contact a member of our Foreign Immigration team for a consultation to find out if you qualify for an open work permit.

EXEMPT FROM A WORK PERMIT

Some temporary workers are exempt from the requirements for obtaining a work permit as set out in Canada’s Immigration and Refugee Protection Act. To be exempt from a work permit you must meet specific requirements, primarily working in a specific occupation, and being supported by a Canadian employer. Please contact a member of our Foreign Immigration team for a consultation to find out if you qualify for an exemption.