A Complete Guide to LMIA Exempt Work Permit Canada

Types of LMIA Exempt Work Permits

These are some LMIA Exempt Work Permits that enable Canadian firms to make a job offer to competent overseas workers without having to go through LMIA Work Permit Process.

1. International Agreements and Arrangements

International Free Trade Agreements (FTAs) make it easier for businesses to work temporarily in the nations that have signed them. Foreign workers covered by an applicable FTA are free from the LMIA requirement, although they still need a closed work permit. You can find a list of Canadian Free Trade Agreements here.

• North American Free Trade Agreement (NAFTA)
• Canada–United States–Mexico Agreement (CUSMA)
• Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA
• Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
• Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland
• Canada–Panama Free Trade Agreement
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
• General Agreement on Trade in Services (GATS)

2. Intra-Company Transfer Canada (ICT Work Permit)

The Intra Company Transfer Canada (ICT Work Permit) allows highly skilled foreign workers to work inside Canada if they are employed by a multinational company with a Canadian branch. Also, it allows foreign entrepreneurs to expand their business to Canada and apply for the ICT Work Permit. Entrepreneurs and Foreign workers under the Intra Company Transfer must meet the following requirements:

• The prospective foreign worker must be employed by a multinational company and intend to work at the company’s affiliate, parent, or subsidiary branch in Canada.
• The occupation must be an executive or senior management level position. Occupations that do not fit this requirement may still qualify if they require specialized knowledge.
• The prospective foreign worker must have been employed by the multinational company for a minimum of one year in the three years preceding their application.

A Detailed Guide on Intra Company Transfer from India to Canada

3. Significant Benefit Exemption

Canadian employers may be exempt from completing an LMIA if they can demonstrate that the foreign worker they are bringing to Canada offers significant economic, social, and cultural benefits. This includes:

• Creative and performing artists, technical workers, and self-employed engineers
• Workers classified under the Mobilité francophone program
• Intra-company transferees who possess specialized knowledge that may benefit Canadians.

4. Caregiver Programs

Foreign caregivers brought to Canada to look after children under 18, elderly individuals, and those with specific medical needs can easily apply for an LMIA Exempt Work Permit. They can do this through the Home Child Care Provider Program Canada and the Home Support Worker Program Canada.

Prospective applicants should ensure they meet their chosen Caregiver Visa requirements before applying for their work permit.

5. Reciprocal Employment Exemption

Foreign workers are exempt from completing an LMIA if the Canadians working outside Canada balance out their jobs in Canada. This applies to the following occupations:

• Fishing guides
• United States Government Workers
• Residential camp counselors
• Professors and visiting lecturers
• People in the performing arts

6. International Experience Canada Program

Individuals who are part of the International Experience Canada program can apply for an LMIA-exempt open work permit. This program allows foreign workers to travel to Canada and temporarily reside there while they work.

Need help with LMIA Exempt Work Permit?

Prospective foreign workers who wish to apply for an LMIA Exempt Work Permit should contact our experts here. Mr. Keshav Sharma is our team lead and a Regulated Immigration Consultant. He can help you apply for your Canadian work permit and move to Canada. Book a consultation now.