LMIA Exempt Work Permit for foreign employees: This article is to give you detailed information for employees in Canada without needing to do the LMIA process under new exemptions. You might be able to hire a temporary Foreign worker without doing a Labour Market Impact Assessment (LMIA), or either bring people to Canada without a work permit only if they fall under these exemptions.
Immigration, Refugees and Citizenship Canada has a work permit program called the International Mobility Program(IMP). These work permits are LMIA-exempt and mainly exists to promote the nation’s social, economic, and cultural interests and are determined that the foreign workers would be a significant benefit to Canada,
If you’re falling under one of IRCC’S LMIA exemption norms or a work permit exemption, you will not need to undergo the whole LMIA process, Before you hire a foreign worker under the IMP, you will need to pay an employer compliance fee & submit an offer for employment through the IRCC’s Employer Portal.
LMIA Exempt work permits & work permit-exempt programs
Intra Company Transfer(ICT)
Many MNC may be able to send their staff to work at their Canadian Location through an ICT. This option is available to companies that have a parent, subsidiary branch which is operational in Canada. It is not enough just to have a physical location.
Also, the occupation in Canada may only be for Executives and senior managers, functional managers, or an employee who can demonstrate specialized knowledge of the company’s Products /Services
Citizens of the US And Mexico can get Canadian Work permits under the Canada-United States Mexico Agreement (CUSMA). Also known as NAFTA, CUSMA allows for Canada, the US, and Mexico to exchange talent without the need for LMIAs
There are 4 major categories of temporary work listed below which come under CUSMA
- CUSMA Professionals:
- Workers who are qualified to work in one of 60 targeted professions
- CUSMA Intra-Company Transfers:
- Manager, Executives or workers with specialized knowledge to work for a branch, subsidiary or affiliate of their US or Mexican Employer
- CUSMA Traders:
- People who are here to trade goods or services in Canada and the US or Mexico
- CUSMA Investors:
- Investors who made a good substantial investment in a new or existing Canadian Business and are coming to Canada to develop & direct the business.
Canada’s Free trade agreement with the European Union and its member states is called the CETA. Moreover, CETA stands for Comprehensive Economic and Trade Agreement.
There are 4 major groups of people who may benefit from CETA:
- Business Visitors: This includes short term business visitors and business visitors coming to Canada for investment
- Intra-Company transfers: Senior Professional And Specialists may transfer to a Canadian Branch without an LMIA.
- Investors: European investors who have made a good investment down in Canada
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Tv or Film exemption under LMIA
They can bring essential personnel to Canada through the TV and Film Production Work Permit Category. The production Companies then can use their work permit category to bring the talent to locations. Also, if they can demonstrate the work to be performed by the foreign national
Business Visitors exemptions under LMIA
They can enter Canada to conduct business or trade activities without needing a work permit. This will apply to people who are coming to Canada to attend a conference, buy Canadian Goods for a foreign entity, train employees, or be trained for work that will be done outside of Canada.
Down below are some General Criteria to be followed:
- The stay in Canada should be below 6 months
- Also, the foreign national should not indulge to enter the Canadian Labour Market,
- Moreover, the Foreign national meets Canadian basic entry requirements including a passport, enough money to finance their stay, and return home
- Business Vistors may need a TRV or known as Temporary Resident Visa in order to Cross the border
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We hope that you found this article about the LMIA Exempt Work Permit for foreign employees informational. If in case you have questions or queries related to any immigration program to Canada, please schedule an appointment with us. Our best immigration lawyers from Angad Immigration Canada will validate the profile as per the Immigration Program which is best suitable for you.