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LMIA Exempt Work Permits
In Canada, there are several work permit categories that are exempt from the requirement of a Labour Market Impact Assessment (LMIA). These LMIA-exempt work permits allow employers to hire foreign workers without undergoing the LMIA process. Here's a detailed overview of LMIA-exempt work permits in Canada in 2023:
1. International Mobility Program (IMP):
- The IMP encompasses various work permit categories that do not require an LMIA. These include:
a. Intra-Company Transfers: Allows employees of multinational companies to transfer to a Canadian branch, subsidiary, or affiliate.
b. NAFTA/Canada-United States-Mexico Agreement (CUSMA): Enables professionals, traders, and investors from the United States and Mexico to work in Canada.
c. Reciprocal Agreements: Work permits issued under international agreements, such as the Youth Mobility Program and other bilateral agreements.
d. Bridging Open Work Permits: Allows individuals with an expired work permit who have submitted an application for permanent residence to continue working in Canada.
2. Post-Graduation Work Permit (PGWP):
- Graduates of eligible Canadian post-secondary institutions can apply for a PGWP, which allows them to work in Canada after completing their studies.
- The PGWP is an open work permit that allows graduates to work for any employer in Canada and gain Canadian work experience.
- The length of the PGWP depends on the duration of the program of study, ranging from 8 months to 3 years.
3. Spousal/Common-law Partner Work Permit:
- The spouse or common-law partner of a Canadian citizen or permanent resident may be eligible for an open work permit, allowing them to work in Canada.
- This work permit category enables the accompanying spouse/partner to work for any employer in Canada.
4. International Experience Canada (IEC):
- The IEC program allows young individuals from specific countries to work and travel in Canada through bilateral youth mobility agreements.
- IEC offers three categories: Working Holiday, Young Professionals, and International Co-op (for students with a job offer or internship related to their field of study).
5. Global Talent Stream:
- The Global Talent Stream is a program that aims to attract highly skilled foreign workers to Canada in occupations that are in high demand.
- Employers hiring foreign workers through the Global Talent Stream benefit from streamlined and expedited processing.
6. Other LMIA-Exempt Programs:
- There are various other LMIA-exempt work permit programs, such as the Canadian Family Class Sponsorship, Refugee Claimant Work Permit, and certain research and academic positions.
7. Duration and Renewal: The duration and eligibility for renewal of LMIA-exempt work permits vary depending on the specific category. Some permits may have specific time limits, while others may be renewable or lead to permanent residency pathways.
8. Work Permit Application Process: Even though LMIA-exempt work permits do not require an employer to obtain an LMIA, there are still application processes and requirements that need to be followed. Typically, the employer or the foreign worker needs to submit an application to the Immigration, Refugees and Citizenship Canada (IRCC) or the Canadian visa office in their country of residence.
9. Other Requirements: While LMIA may not be required, there are still other general requirements that need to be met for LMIA-exempt work permits. This may include demonstrating that the foreign worker meets the necessary qualifications, providing proof of financial means, and meeting health and security requirements.
It's important to note that while LMIA may be exempt for these work permit categories, other requirements and criteria must still be met. Additionally, specific eligibility criteria, application processes, and durations may vary for each LMIA-exempt work permit category.
It's recommended to consult us or visit the official websites of Immigration, Refugees and Citizenship Canada (IRCC) for the most up-to-date and accurate information regarding LMIA-exempt work permits in Canada in 2023 or Consult us for more accurate and uptodate information.
Westland Immigration & Visa Services Inc.
Mr. Varinder Sharma (Director, MCom, Dip. Imm. Law), (RCIC), Member ICCRC
Cell: 1-778-988-8472
Office: +1-778-783-9991
Toll Free: 1-800-401-3797
Fax: 1-877-275-6880