Labour Market Impact Assessment (LMIA) Exemptions
In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive Labour Market Impact Assessment (LMIA).
The foreign national’s proposed benefit to Canada through his or her work must be significant, meaning it must be important or notable. Officers typically rely on the testimony of credible, trustworthy, and distinguished experts in the foreign national’s field, as well as any objective evidence provided. The foreign national’s past record is a good indicator of his or her level of achievement.
Objective measures for “significant social or cultural benefit”:
1) An official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability; 2) Evidence from current or former employers showing that the foreign national has significant full time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience); 3) Has been the recipient of national or international awards or patent; 4) Evidence of membership in organizations requiring excellence of its members; 5) Having been the judge of the work of others; 6) Evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations; 7) Evidence of scientific or scholarly contributions to the field by the foreign national; 8) Publications authored by the foreign national in academic or industry publications; and.or 9) Leading role of the foreign national in an organization with a distinguished reputation.
A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.
Dependents Of Foreign Workers
French-Speaking Skilled Workers
Foreign nationals who have been recruited through a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada through Mobilité Francophone.
Provincial LMIA Exemptions
Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Admission of foreign workers under these agreements is considered of significant benefit to Canada and, as such, does not require a LMIA. The North American Free Trade Agreement (NAFTA) is an example of this case.
International Exchange Programs
Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC)Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA.
Charitable and religious work
For this LMIA-exempt category, the primary duties of the foreign national should reflect a particular religious objective, for example the provision of religious instruction or promotion of a particular religion or faith. The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings are based.