EXEMPT WORK PERMITS FOR LMIA (IMP)
The International Mobility Program (IMP) covers foreign workers exempt from the LMIA. It is important to note that being exempt from an LMIA does not mean that an individual cannot obtain a work permit. Navigating Canada’s work permit options can be challenging, but we will make it as easy as possible.
A brief overview
The TFWP is intended for foreign workers who must pass the LMIA, a labour market test administered by the Canadian government. The IMP covers international employees who do not require an LMIA. One of the main purposes of the TFWP is to assist Canadian employers in recruiting foreign workers when there are not enough qualified domestic candidates available. In contrast, the IMP works towards advancing Canada’s interests in various areas, such as the economy, society, and culture. Unlike the TFWP, the IMP does not use the LMIA process for foreign nationals under its streams as it aims to cover a broader range of situations.
The following is an explanation of several of the most frequently used LMIA-exempt streams according to the International Mobility Programme (IMP).
Benefits of Significant Size
Employment reciprocity
Charitable and religious volunteers
Benefits of Significant Size
A degree of flexibility is given to Canadian visa officers in the decision-making process on whether or not it is beneficial to issue a work permit to a foreign national without the prerequisite of obtaining an LMIA, with the exception of the circumstances described further down in this section. In this case, the advantage is cultural or social in nature.
In order for the foreign national’s work to have a significant impact on Canada, either it must be noteworthy or significant. The testimony of reliable, trustworthy, and prominent specialists in the foreign national’s field, in addition to any objective evidence that is presented, is often relied upon by officers. It is possible to determine the level of achievement of a foreign national by looking at their track record.
“Significant social or cultural benefit” can be measured objectively in the following ways:
Evidence that a foreign national possesses a degree, diploma, certificate, or other award of a comparable nature from a college, university, school, or other institution of learning relevant to the field in which they wish to work;
Proof of the foreign national’s qualifications may include references from past or present employers, showcasing their extensive full-time experience in their field (ten years or more); recognition through national or international accolades or patents; membership in prestigious organizations that uphold high standards; experience as an evaluator of others’ work; and acknowledgment for notable accomplishments.
Self-employed/entrepreneurs
Possible rephrasing:
Internal transferees
If a transferee is temporary relocating to Canada within the same company, the LMIA requirements may be waived. A transferee must be employed by a foreign company with a qualifying relationship with a Canadian company, as well as be regarded as an executive, manager, or worker with specialized expertise.
Foreign workers’ dependents
Foreign nationals’ spouses and children do not need a LMIA if the foreign national is a skilled worker with a valid work permit as his or her primary status in Canada. Note that this does not apply to the partners of employees participating in international exchange programs.
SKILLED FRENCH-SPEAKING WORKERS
If a foreign national has been recruited through a francophone immigration promotion event coordinated between the federal government and Francophone minority communities, Mobilité Francophone can assist them in getting a job in Canada. In order to qualify, foreign nationals must be destined for a province or territory other than Quebec, and their National Occupational Classification (NOC) must be 0 or A.
Educators
Researchers, guest lecturers, and visiting academics are included in this category.
Exemptions from the LMIA for provinces
In the case of workers who have been nominated for permanent residence by a province and have also received a job offer in that province, the LMIA requirement may not apply.
Employment reciprocity
In reciprocal employment agreements, foreign workers can accept employment in Canada if the same opportunities are available to Canadian workers abroad.
Programmes for international exchange
It is easier to employ people from other countries because Canada is a signatory to a number of international agreements. Foreign employees admitted pursuant to these agreements are exempt from an LMIA because they are viewed as providing considerable benefits to Canada. A prominent example of this phenomenon is the North American Free Trade Agreement (NAFTA).
Participation in international exchange programs
In order to facilitate intercultural exchange between young people from different countries, Canada participates in a number of programs. In this category are programs such as International Experience Canada (IEC) Working Holiday Visas, Student Cooperatives, Young Professionals, and Teacher Exchanges. A LMIA is not required for these programs.
Volunteer work in charities and religious organizations
Charity workers
In the context of Canada, the term “charity” refers to the alleviation of poverty, the development of education, or various other reasons that are for the greater good of the community. Therefore, certain workers employed by charitable organizations are not required to obtain an LMIA to enter the Canadian labour market temporarily.
This is a very strong indicator that the organization’s primary mission is charity if it is registered with the Canada Revenue Agency (CRA). However, under this LMIA-exempt system, foreign workers may be authorised to work in Canada for an organization that is not registered with the CRA. In this case, the visa officer may request additional information from the employer.
In Canada, the federal government distinguishes between charitable workers and volunteer workers when it comes to work permits. While volunteer workers do not need a work visa and are not allowed to enter the labor market, their presence in Canada is solely for the purpose of their trip. In contrast, those working for charitable organizations usually perform tasks that meet the definition of employment and may receive reimbursement for their work. As a result, they must obtain a work permit, even though going through the LMIA process is not mandatory.
Religion Workers
For foreign nationals who wish to work in the religious sector, it is usually necessary to have the ability to teach or share other religious beliefs as required by the employer. Alternatively, the foreign national may be required to belong to the religious community in which the prospective employee plans to work or share its beliefs.
To qualify for an exemption from the LMIA, the foreign national’s major responsibilities must align with a specific religious goal, such as spreading religious instruction or advancing a particular religion.
Additionally, the activity should involve developing new spiritual teachings as well as maintaining doctrines and spiritual observances on which those teachings are based.
