Exemptions for Labor Market Impact Assessment (LMIA)
In general condition hiring a temporary non Canadian worker to Canada, the Canadian employer need to receive a Positive Labor Market Impact Assessment ( LMIA ) some cases It may be waived , here we are giving in depth details regarding LMIA exemptions.
Note: even you exempt from taking a LMIA does not mean you exempt from taking a work permit. All LMIA exemption list need to take a work permit to work Canada.
LMIA Exemptions for Entrepreneurs/Self-Employed Persons
Canadian Government may be granted LMIA exemptions to the private entrepreneurs who wish to come to Canada for start or operate a business. The Applicant must be holding major share of the company. This category is suitable for the owners of seasonal business. Entrepreneurs who have already applied for Canadian PR usually qualify for this LMIA –exempt work permit category.
Intra-Company Transferees
This category suitable for managers, executives, specialized knowledge workers.
Infra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada.
Dependents Of Non-Canadian Workers
This Category for Spouses and children of Non-Canadian Workers holding a Canadian work permit for a skilled position do not require a LMIA. kindly note that this does not apply to the spouses of workers on an International Exchange Program.
French-Speaking Skilled Workers
Non-Canadians who have been hired 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.
Academics
Applicants like researchers, guest lecturers, and visiting professors may be exempt from LMIA.
LMIA Exemptions for Provincial Nominees
Once a worker nominated by a province for permanent residence and he obtained a employment offer in that province he may get exempt from taking a LMIA
Employment Under Reciprocal agreements
Reciprocal employment agreements allow foreign workers to take up job in Canada when Canadians have similar reciprocal work opportunities abroad.
International Agreements
Canada Government signed a number of International agreements that facilitate the entry of non-Canadian workers, acceptance of this foreign workers under these agreements is not require a LMIA. Agreements like North American Free Trade Agreement ( NAFTA ).
International Exchange Programs
Canada government involved with too many programs for International youth exchange, like Student Co-op programs, Young Professionals programs, Teacher exchange programs, and International experience Canada ( IEC ) Working Holiday Visa. Applicants with these programs are exempt from taking a LMIA.
Charitable or Religious Work
If you are a Non-Canadian and wish to coming Canada and work for a Canadian charitable or religious organization you may exempt from the LMIA or some cases from work permit altogether.
IF you are coming to Canada, working for a charitable or religious (non-profit ) and its motive is to give relief of poverty you may exempt from taking a LMIA.
Clergy Work Authorization
Canadians respecting the religious work, non-Canadians can be classified as members of the clergy does not need to take a work permit to practice in Canada, this is only applicable for the non-Canadians coming to engage in very traditional religious activities.
Significant Benefit Work Permit
If your visit and work by nature give significant social, cultural or economic benefit to Canadian society or provide opportunities for Canadian and / or permanent residents of Canada you may eligible for significant benefit work permit. Even the law is that a LMIA is required, some cases the employer could be exempt on the basis of significant benefit.
-
You may qualify under any of the following program
-
Canadian Interests
-
Entrepreneurs and Self-Employed Candidates
-
The Intra Company Transferee
-
The Emergency Repairs
1. Canada Open Work Permits
An open work permit can be issued to a foreign national only under one of the Labor Market Impact Assessment (LMIA) exemptions. A foreign national may apply for an open work permit outside Canada.
What is an open work permit?
An open work permit is a work permit that is not job specific. Because it is not job specific.
How I know Am I eligible to apply open work permit? check the following points.
-
If you are a spouse or common-law partner of a skilled worker or international student
-
If you are a dependent family member of someone who applied for permanent residence
-
If are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
-
If you are a spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
-
If you are a young worker participating in special programs
-
If you are a student who’s no longer able to meet the costs of your studies (destitute student)
-
If you have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
-
If you applied for permanent residence in Canada
-
If you are a refugee, refugee claimant, protected person or their family member
-
If you are under an unenforceable removal order
-
If you are a temporary resident permit holder
You may be eligible for an open work permit if you
In each of these situations, you should meet additional criteria to be eligible.
There are additionalrequirements may require as follows.
If you are a Spouse or common law partner of skilled worker, may be eligible if the skilled worker:
-
holds a work permit valid for a period of minimum six (6) months;
-
is employed in a job corresponding to Skill Level 0, A or B of the National Occupational Classification (NOC); and
-
actually resides or expects to reside in Canada while employed.
If you are a Spouse or common-law partner of an international student cannot themselves be full-time students and the international student should:
-
have a valid study permit and be a full-time student at one of schools as follows:
- a public post-secondary school, such as a college or university, or CEGEP in Quebec
- a private college-level school in Quebec
- a Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree); or
-
if the foreign student has graduated and is the holder of a valid post-graduation work permit for a job related to their field of studies.
- To be eligible for an open work permit, graduating international students should meet the requirements under the Post-Graduation Work Permit Program.
For spouses and common-law partners, open work permits are usually granted with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.
2. Inland Spousal/Common-Law Partner Sponsorship:
Open Work Permit Pilot Program
Through this pilot program spouses and common-law partners of Canadians or Permanent Residents can apply an open work permit while their inland sponsorship application for permanent residence is being processed.
The Spousal Sponsorship program is a sub-category of the Family Class immigration, under which a Canadian or PR holder (the sponsor) may sponsor his or her spouse or common-law partner (the sponsored person) for Canadian permanent residence. If the couples living together in Canada, Inland sponsorship is the better option, kindlynote :when the time of application spouse /common –law partner there in Canada with a TRV like worker, student, or visitor
Spousal Sponsorship program usually processed within 12 month by Immigration, Refugees and Citizenship Canada (IRCC). This open work permit pilot program is a blessing in way since it can help to anticipate the upshots of a lengthy application process by allowing the sponsored person to work for a Canadian employer, without first having a confirmed offer of employment. Applicants who would like to apply an open work permit should apply for one at the same time that they apply for permanent residence.
These work permits are valid for two years or to the date of the applicant’s passport expiry date, whichever comes first.
Eligibility Criteria
In order to be grant an open work permit, the following points should be met:
-
A permanent residence application must be submitted under the Spousal/Common-Law Partner Sponsorship Immigration Program;
-
The applicant must reside at the same address as the sponsor (spouse/common-law partner);
-
The applicant should have valid temporary resident status (as a visitor, student, or worker); and
-
The applicant and the sponsor should meet all eligibility requirements under spousal or common-law partner sponsorship.
Post – Graduation Work Permits
Post-Graduation Work Permits for International Students In Canada
The Post-Graduation Work Permit Program (PGWPP) allows International students who have graduated from eligible Canadian designated learning institutions (DLIs) to obtain an open work permit to gain Canadian work experience. Skilled Canadian work experience under National Occupational Classification (NOC) skill type 0 or skill level A or B that is gained through the PGWPP helps graduates eligible for permanent residence in Canada through the Canadian experience class under Express Entry.
The PGWP is valid for up to three years. The PGWP is an open work permit, which allows international graduates to work for any Canadian company without taking a job offer.
International students can study in their country and still be Eligible for a PGWP
Because of the coronavirus pandemic Canada allows international students to complete their Canadian program while living overseas and still be eligible to obtain a PGWP when they move to Canada. In order to benefit from this policy, you must:
Eligibility Criteria
In order to be grant an open work permit, the following points should be met:
-
Student need to enroll at a Canadian Designated Learning Institution. DLIs are colleges and universities that are accredited by the Canadian government to welcome international students.
-
Student have begun or will begin a program between spring 2020 and fall 2020, or your program was already in progress in March 2020.
-
Student need to have a study permit, OR approval for a study permit, OR apply for a study permit prior to starting your program and are eventually approved.
-
Student need to meet all other PGWP criteria.
Coronavirus (COVID-19) Update for PGWP Holders
From January 27, 2021 until July 27, 2021, some Post Graduation Work Permit holders may be qualified to apply for new open work permits of up to 18 months in duration. Immigration, Refugees and Citizenship Canada estimates that as many as 53,000 PGWP holders stand to benefit from this new open work permit.
To apply for an open work permit under this public policy, an applicant should meet the below 5 conditions:
-
You possess a valid PGWP that expired on or after January 30, 2020, or a PGWP that expires in 4 months or less from the date of the application.
-
You were in Canada as of January 27, 2021 when the policy took effect and have remained in Canada since this date.
-
You possess valid temporary status; or lost your temporary status but have already applied to restore it; or be applying for the restoration of your status.
-
You include in your application you are applying for an open work permit under this policy.
-
You have a valid passport. If your passport expires in under 18 months from the date of approval, your open work permit will only be valid for the same length of time. IRCC encourages you to ensure you possess a passport that is valid for at least 18 months from the date of approval.
PGWP Eligibility Requirements
To be eligible for a Post-Graduation Work Permit, international
-
Students must complete studies in an academic, vocational, or professional training program that is at least eight months long at an eligible Designated Learning Institution (DLI) List.
- Study program should lead to a degree, diploma or certificate.
-
Students must hold full-time student status in Canada during every academic session of the program or programs of study completed and included as part of their post-graduation work permit application;
-
Note: Canada has waived this requirement during the coronavirus pandemic for certain international students. Exemptions may apply to those who have begun or will begin a program between spring 2020 and fall 2021, or those whose program was already in progress in March 2020. In addition, exceptions may apply for those who took a leave from their studies in their final academic session.
-
-
Students must have to receive a transcript and an official letter from the eligible DLI confirming that the applicant has met the requirements to complete their program of study;
- The transcript and official letter should be included in a post-graduation work permit application.
-
Students Graduated from:
- a public post-secondary institution, such as
- a college
- a trade or technical school
- a university
- CEGEP (in Quebec)
- a private post-secondary school (in Quebec) that operates under the same rules as public schools in Quebec;
- a private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer and results in the issuance of a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP); or
- Canadian private school that can award degrees under provincial law (for example, Associate, Bachelor’s, Master’s or Doctorate degree) but only if the student was enrolled in a study program that leads to a degree as authorized by the province.
Kindly Note: Graduates of vocational and professional training programs in Quebec must meet additional PGWP criteria outlined by IRCC depending on the type of diploma issued.
Students have to apply PGWP within 180 DAYS
International students have to apply for the Post-Graduation Work Permit within 180 days/six month after getting a transcript and an official letter from the eligible DLI confirming that the student completed the requirements of study program and complete the study.
If the study permit is set to expire before the marks have come in, candidates have two options:
-
apply for a visitor record to stay in Canada longer; or
-
leave Canada and apply for the PGWP
When applying, applicants must demonstrate that they either hold a valid study permit, held a study permit, or were authorized to study in Canada without the requirement to obtain a study permit under paragraphs 188(1)(a) and (b) of the Immigration and Refugee Protection Regulations.
Required Supporting Documents for PGWP Application:
Two important documents required at the time of PGWP applying are a letter confirming the completion of the program of study and an official transcript by their DLI.
4. Significant benefit
In some situations, the Canadian visa officers can take a decision to grand a work permit to a non-Canadian without a LMIA, this is known as significant social or cultural benefit.
The proposed foreign nationals work should be significant like it should be important. Visa officers will check the testimony of credible, trustworthy, and field experts in the proposed persons field, they also check objective evidence submitted. The proposed persons past work and life records are so important for this case.
How Visa officers looking the Objective measures for “significant social or cultural benefit”:
-
Your official academic record mentioning that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of your ability.
-
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);
-
The applicant hasa national or international award or patent.
-
The applicant is holding a membership in organizations requiring excellence of its members.
-
having been the judge of the work of others.
-
The applicant receives a recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
-
The applicant was given scientific or scholarly contributions to the field by the foreign national;
-
publications authored by the foreign national in academic or industry publications; andor
-
The applicant keeping in role of the foreign national in an organization with a distinguished reputation.
5. Charitable and religious work
Charitable workers
Canadians are viewing Charity as a hand helping them from poverty, advancement of education or in other words its purpose that benefit the community. As such cases charitable workers do not need a LMIA in order to enter Canada for temporary works.
Registering with the Canada Revenue Agency ( CRA ) as a charity is a strong signal that an organization is purely a charitable in nature. If the foreign workers coming Canada for an organization not registered with CRA, may the visa officers ask additional information from the employer. Such as governing documents like certificate of article of incorporation, annual reports, letter of support, demonstration of the means of providing the charitable benefit etc.
Canadian Government draws a distinction between a charitable worker, who needs a work permit, and a volunteer worker, who do not need a work-permit.
Volunteer workers on other hand, are engaging the activities that are incidental to their main purpose for entering Canada and that not under the definition of work.
Religious Workers
Foreign religious leaders, religious teachers may be invited to Canada by religious groups or organizations. The motive of this visit mainly is to share the religious beliefs, faith, in such scenario foreign religious workers is not required LMIA.
6. Bridging Open Work Permit (BOWP)
Bridging Open Work Permit (BOWP)
This option helpful for the people who working in Canada presently, and his or her application for permanent residence is being processed.
Some cases the work permit of the foreign workers in Canada going to expire and may they submitted the permanent residence application under FSW, FSTP, CEC or PNPs, these people can apply Bridging Open Work Permit ( BOWP ) if their current work permit is going to expire within four months.
The applicant can continue the work until a decision is made on his or her application for permanent residence. This open work permitsreally helpful for the applicant and his/her dependents in Canada, otherwise they have to move outside the Canada if their PR application process is delayed.
The following points to be noted if you are applying BOWP
-
The applicant must be in in Canada;
-
The applicant need a valid status on a work permit that is due to expire within four months;
-
The applicant must be the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP;
-
The applicant has toreceive a positive eligibility assessment on his or her application; and
-
The applicant has made an application for an open work permit.
You are not eligible for apply BOWP If you are coming under these points
-
The applicant is in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt)
-
The applicant has let his or her status expire;
-
The applicant work permit is valid for longer than four months and/or he or she has a new LMIA that can be used as the basis for a new work permit application.
-
The applicant is applying for a bridging work permit at the port of entry.
-
The applicant is a provincial nominee who has not submitted a copy of his or her nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions.
Spouse or Common-law Partner and Dependents of the BOWP applicants
Some cases the BOWP holder spouse can also eligible for an open work permit if they met some eligible point as follows
-
The bridging work permit should be valid for more than six months.
-
If you are a spouses of FSW applicants, the bridging work permit holder should be doing work that is at a level that falls within National Occupational Classification (NOC) Skill Levels 0, A or B.
-
If you a spouses of PNP applicants, the spouse is eligible for an open work permit for the duration of the work permit held by the principal PNP applicant, irrespective of the skill level of the principal PNP applicant’s occupation.
-
If you are a spouses of FST applicants, the bridging work permit holder should be doing work that is within one of the qualifying occupations in NOC Skill Level B.
-
• If you are a spouses of CEC applicants, there is no set preconditions to be met by the principal CEC applicant.
Dependent children of an applicant in any of these economic classes should obtain an LMIA or have LMIA exemption based on their situation for a work permit.
Location of Employment
PNP
If your permanent residence application under a Provincial Nominee Programs( PNP ), for issuing a bridging open work permit, your work location on the work permit should be to the nominating province.
FSW, FST, CEC
There are no work location restrictions for Federal Skilled Worker Class, Federal Skilled Trades Class or Canadian Experience Class.
7. International Experience Canada (IEC) program
Under this program citizens ( age – 18 to 35 ) of the countries under bilateral Youth Mobility Arrangement with Canada may eligible for IEC work permits.
If your work permits issued through IEC not need a Labor Market impact Assessment and fall into one of three categories:
-
Working Holiday
-
Young Professionals
-
International Co-op
Working Holiday
Applicants under this program can grant a open work permit and its mostly valid for one or two years, they can work anywhere in Canada, as per your nationality you allow to stay in Canada for more or less than one year.
This category applicable if you:
-
do not have a job offer;
-
want to work for more than one employer in Canada;
-
want to work in more than one location and/or
-
want to earn more so they can travel.
Young Professionals
This category applicable if you .
-
have a valid job offer in Canada for a paid position that contributes to their professional development; and
-
plan on working for the same employer during their stay in Canada.
You need a signed job offer letter from a Canadian employer matching with your professional development is required before applying .The job offered should be classified as a National Occupation Code (NOC) Skill Type Level 0, A, or B.
International Co-op Internship
People who are from the participating countries and enrolled at a post-secondary institution in their home country to spend a period of time interning for Canadian companies, applicants from this category can receive an employer-specific work permit.
For applying this option:
-
you need to register at a post-secondary institution outside of Canada;
-
you need a job offer for a work placement or internship in Canada that is required to complete their studies;
-
you need a plan on working for the same employer during their stay in Canada.
You should arrange co-op placements with Canadian employers before applying.
What is Employer-specific Work Permits ?
The work permits indicates the name of the non-Canadian worker’s employer, Job tittle, location of work, and the duration of the authorized time of work, then its called Employer-specific work permit.
If the Canadian Employer who offered the job, have multiple offices operating under the same Canada Revenue Agency ( CRA )businessnumber , the IEC may allow Young Professionals and International Co-op internship candidates to work under the same employer in different locations.
Kindly note : The addresses of the work locations, along with the CRA number, must be provided at the time the Offer of Employment is submitted and duties and responsibilities , job tittle, wages have to be same as one location to another.
Its very important that Young professionals or International Co-op Internship applicants need to maintain employment inside Canada that relevant to their professional experience and studies.
If the Young Professionals or International Co-op Interns having employer-specific work permits facing a urgency of change the employer kindly follow the below points
1. before submitting a new work permit application, they should provide required evidence of the new employer and occupation.
2. Only with genuine reasons like company closure, processing officer allow to change the employer.
3. If you already work with the first work permit and you presently in Canada and changeover of the employer is allowed, youhave to note that the validity of the work under bilateral agreement will reduced according to the time that have already elapsed.
Participating Countries with bilateral Youth Mobility Arrangement with Canada
Country | Working Holiday | Young Professionals | International Co-op | Age Limit |
---|---|---|---|---|
Andorra | Up to 12 months | N/A | N/A | 18-30 |
Australia | Up to 24 months | Up to 24 months | Up to 12 months (unless it is the applicant’s second participation since 2015, in which case, 12 months) | 18-35 |
Austria | Up to 12 months | Up to 12 months | Up to 6 months (internship or work placement must be in forestry, agriculture, or tourism) | 18-35 |
Belgium | Up to 12 months | N/A | N/A | 18-30 |
Chile | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Costa Rica | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Croatia | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Czech Republic | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Denmark | Up to 12 months | N/A | N/A | 18-35 |
Estonia | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
France* | Up to 24 months | Up to 24 months | Up to 12 months | 18-35 |
Germany | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Greece | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Hong Kong | Up to 12 months | N/A | N/A | 18-30 |
Ireland | Up to 24 months | Up to 24 months | Up to 12 months | 18-35 |
Italy | Up to 12 months ** | Up to 12 months ** | Up to 12 months ** | 18-35 |
Japan | Up to 12 months | N/A | N/A | 18-30 |
Latvia | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Lithuania | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Luxembourg | Up to 12 months | Up to 12 months | Up to 12 months | 18-30 |
Mexico | Up to 12 months | Up to 12 months | Up to 12 months | 18-29 |
Netherlands | Up to 12 months | Up to 12 months | N/A | 18-30 |
New Zealand | Up to 23 months | N/A | N/A | 18-35 |
Norway | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Poland | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Portugal | Up to 24 months | Up to 24 months | Up to 24 months | 18-35 |
San Marino | Up to 12 months | N/A | N/A | 18-35 |
Slovakia | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Slovenia | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
South Korea | Up to 12 months | N/A | N/A | 18-30 |
Spain | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Sweden | Up to 12 months | Up to 12 months | Up to 12 months | 18-30 |
Switzerland | N/A | Up to 18 months | Up to 12 months | 18-35 |
Taiwan | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
Ukraine | Up to 12 months | Up to 12 months | Up to 12 months | 18-35 |
United Kingdom | Up to 24 months | N/A | N/A | 18-30 |
*Citizens can participate in special IEC student summer job initiatives exclusive to their country.
**Candidates may participate twice for a total of 24 months.
IEC program – Eligibility requirements
-
Applicant must be a citizen (passport holder) of one of the 35 countries or be a resident of one of the territories that have a bilateral Youth Mobility Arrangement with Canada;
-
Applicants need a valid passport for the duration of their stay in Canada (the work permit issued will not be longer than the validity of the passport),
-
Applicant ages between 18 and 30 or 35 at the time of application (the upper age limit depends on the applicant’s country of citizenship);
-
You need a fund equivalent of $2,500 CAN upon landing to help cover initial expenses;
-
You need to take out health insurance for the duration of their stay (participants may have to present evidence of this insurance at the point of entry in Canada);
-
you need to be admissible to Canada;
-
you need to arrange a prior to departure, a round-trip ticket or the financial resources to purchase a departure ticket for the end of their authorized stay in Canada,
-
You are not accompanied by dependents; and need to pay the fees.
As per the applicant nationalitythe age and eligibilityrequirements may vary
8. Working as a Athelet in Canada
If you wish to come and work in Canada as anAthlete, Coach, or Supporting staff you have to meet specificrequirements.
Most of the cases, despite of designation, the rules and regulation of the Temporary Foreign Worker Program do not apply in the visiting athletes and coaches.
If you are working for a foreign –based team or an individual athlete representing a foreign country, usually you not need a work permit, same rules applicable for the team or athletes personal and supporting staffs.
If you wish to join a Canadian base sports team or represent Canada as an individual athlete, you need to obtain a work permit. Usually athletes can be exempt from the Labor market Impact Assessment ( LMIA ).
9. Canada's Foreign Trade Agreements
Canada is committed to create the best conditions for Canadian Business to compete globally, Canada had entered into bilateral and multilateral Foreign Trade Agreements (FTA) many FTAs to which Canada involved haveprovisions to facilitate the mobility of temporary business persons to Canada Faster.
Most of the cases non-Canadian workers qualify undera FTA need a work permit to work in Canada but are exempt from taking a Labor Market Impact assessment (LMIA), it help to fasten the work permit process.
The Canada-United States-Mexico (CUSMA) agreement is the Biggest FTA to which Canada is a party, and is almost same as several Foreign Trade Agreements to which Canada is joined:
The Canada-European Comprehensive Economic and Trade Agreement (CETA), along with the Chile, Peru, Columbia and Korea FTAs are akin to CUSMA and all contain provisions that grant temporary entry to 4 categories of business persons: business visitors, professionals, intra-company transferees, and traders and investors.
Under the General Agreement on Trade in Services (GATS), professionals are authorized to enter under either as professionals or intra-company transferees.
Entry requirements are not the same from one category to another. However, the same LMIA exemption applies.
-
Canada-United States-Mexico (CUSMA) Agreement. Formerly known as the North American Free Trade Agreement (NAFTA)
-
Canada-Chile FTA
-
Canada-Peru FTA
-
Canada-Colombia FTA
-
Canada-Korea FTA
-
Comprehensive Economic and Trade Agreement (CETA)
-
GATS
-
Canada–Panama Free Trade Agreement
-
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
10. Work permit for Television and Film Production Workers
Canada is attracting many TV and Film shooting events, Tv and Film productions need to send essential people to Canada under this category.
Work permits under this category are exempt from taking the Labour Market Impact Assessment (LMIA). Although exempt from a LMIA, non-Canadians should comply with all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable.
Applicants applying for this work permit need to check the below points:
You need a letter of support from the production, including the below information.
The name and communication details like phone numbers of the production,
The working name of the production, the province(s) or territory(ies) in Canada in which the production will take place and the proposed dates of production,
The name of the work permit applicant for the production,
You need a statement confirming that the individual and position are essential to that specific TV or film production, in the statement need to mention economic benefit for the Canada through this TV or Film productions which include possibilities of new jobs creating for Canadians, projections of the amounts spending in local areas during the production.
Need the signature of the senior representative of the production with date.
There are some individuals working in the entertainment industry even not require a work permit. Kindly check the businessvisitor section for more details .
11. Quebec Temporary Work Permits
Hiring a non-Canadian worker for Quebec province, the process is differs from the process rest of Canada.
Exemption From The Labour Market Impact Assessment (LMIA) Process – CSQ Holders
Quebec Government has implemented provisions to lighten the hiring of non-Canadian workers who hold a valid Quebec Selection Certificate (CSQ). This include an exemption from the requirement to apply for a Labour Market Impact Assessment (LMIA) if they are hiring a non-Canadian who:
-
possesses a valid work permit;
-
holds a skilled worker Certificate of Selection in Quebec (CSQ). This document is issued by Quebec immigration authorities indicating that the person designated on the certificate has been selected to reside in Quebec;
-
presently live in Quebec; and
-
has applied for permanent residency under the Quebec Skilled Worker Program.
The foreign worker should came under any of the below point:
He or she is seeking to extend the work permit for his or her current employer:
-
He or she seeking to renew the work authorization with a new employer in Quebec;
-
He or she is a foreign student who has received a post-graduation work permit and has a validated job offer in Quebec; or
-
He or she is participating in a program under the International Experience Canada (IEC) initiative and is either looking to extend the work authorization for his or her present employer or renew it for a new employer in Quebec.
These criteria’s applicable only in Quebec.
Quebec LMIA Process: Facilitated LMIAs
Generally before hiring a non-Canadian at least 28 days advertisement is required before a request can be made, this will help the Canadian workers to apply the jobs in their area.
Facilitated LMIA means that, the Ministry of Immigration, Francisation and Integration (Ministère de l’Immigration, de la Francisation et de l’Intégration or MIFI) has made an agreement with Employment and Social Development Canada (ESDC) whereby a application for a LMIA may be made without the employer being required to go through the full advertising process.
Quebec Specialized target occupations
The normal advertising efforts for taking a positive LMIA are waved for the occupations on this list, which is updated annually. These are the current list.
NOC | Occupation | Global Talent Stream |
---|---|---|
0111 | Financial managers | |
0112 | Human resources managers | |
0113 | Purchasing managers | |
0121 | Insurance, real estate and financial brokerage managers | |
0122 | Banking, credit and other investment managers | |
0124 | Advertising, marketing and public relations managers | |
0131 | Telecommunication carriers managers | |
0211 | Engineering managers | |
0212 | Architecture and science managers | |
0213 | Computer and information systems managers | yes |
0311 | Managers in health care | |
0421 | Administrators – post secondary education and vocational training | |
0422 | School principals and administrators of elementary and secondary education | |
0423 | Managers in social, community and correctional services | |
0511 | Library, archive, museum and art gallery managers | |
0512 | Managers – publishing, motion pictures, broadcasting and performing arts | |
0601 | Corporate sales managers | |
0631 | Restaurant and food service managers | |
0632 | Accommodation service managers | |
0711 | Construction managers | |
0712 | Home building and renovation managers | |
0731 | Managers in transportation | |
0821 | Managers in agriculture | |
0822 | Managers in horticulture | |
0911 | Manufacturing managers | |
1111 | Financial auditors and accountants | |
1112 | Financial and investment analysts | |
1113 | Securities agents, investment dealers and brokers | |
1114 | Financial planners and advisors (only this designation) | |
1121 | Human resources professionals | |
1122 | Professional occupations in business management consulting | |
1123 | Professional occupations in advertising, marketing and public relations | |
1211 | Supervisors, general office and administrative support workers | |
1212 | Supervisors, finance and insurance office workers | |
1213 | Supervisors, library, correspondence and related information workers | |
1214 | Supervisors, mail and message distribution occupations | |
1215 | Supervisors, supply chain, tracking and scheduling co-ordination occupations | |
1221 | Administrative officers | |
1222 | Executive assistants | |
1223 | Human resources and recruitment officers | |
1224 | Property administrators | |
1225 | Purchasing agents and officers | |
1226 | Conference and event planners | |
1241 | Administrative assistants | |
1243 | Medical administrative assistants | |
1251 | Court reporters, medical transcriptionists and related occupations | |
1311 | Accounting technicians and bookkeepers | |
1312 | Insurance adjusters and claims examiners | |
1313 | Insurance underwriters | |
1314 | Assessors, valuators and appraisers | |
1315 | Customs, ship and other brokers | |
2111 | Physicists and astronomers | |
2112 | Chemists | |
2113 | Geoscientists and oceanographers | |
2121 | Biologists and related scientists | |
2122 | Forestry professionals | |
2123 | Agricultural representatives, consultants and specialists | |
2131 | Civil engineers | |
2132 | Mechanical engineers | |
2133 | Electrical and electronics engineers | |
2134 | Chemical engineers | |
2141 | Industrial and manufacturing engineers | |
2142 | Metallurgical and materials engineers | |
2143 | Mining engineers | |
2146 | Aerospace engineers | |
2147 | Computer engineers (except software engineers and designers) | yes |
2151 | Architects | |
2153 | Urban and land use planners | |
2154 | Land surveyors | |
2161 | Mathematicians, statisticians and actuaries | yes |
2171 | Information systems analysts and consultants | yes |
2172 | Database analysts and data administrators | yes |
2173 | Software engineers and designers | yes |
2174 | Computer programmers and interactive media developers | yes |
2175 | Web designers and developers | yes |
2211 | Chemical technologists and technicians | |
2212 | Geological and mineral technologists and technicians | |
2223 | Forestry technologists and technicians | |
2224 | Conservation and fishery officers | |
2225 | Landscape and horticulture technicians and specialists | |
2231 | Civil engineering technologists and technicians | |
2232 | Mechanical engineering technologists and technicians | |
2233 | Industrial engineering and manufacturing technologists and technicians | |
2234 | Construction estimators | |
2241 | Electrical and electronics engineering technologists and technicians | |
2242 | Electronic service technicians (household and business equipment) | |
2243 | Industrial instrument technicians and mechanics | |
2244 | Aircraft instrument, electrical and avionics mechanics, technicians and inspectors | |
2251 | Architectural technologists and technicians | |
2252 | Industrial designers | |
2253 | Drafting technologists and technicians | |
2254 | Land survey technologists and technicians | |
2261 | Non-destructive testers and inspection technicians | |
2263 | Inspectors in public and environmental health and occupational health and safety | |
2264 | Construction inspectors | |
2271 | Air pilots, flight engineers and flying instructors | |
2281 | Computer network technicians | yes |
2282 | User support technicians | |
2283 | Information systems testing technicians | yes |
3011 | Nursing co-ordinators and supervisors | |
3012 | Registered nurses and registered psychiatric nurses | |
3111 | Specialist physicians | |
3112 | General practitioners and family physicians | |
3113 | Dentists | |
3114 | Veterinarians | |
3121 | Optometrists | |
3122 | Chiropractors | |
3124 | Allied primary health practitioners | |
3131 | Pharmacists | |
3132 | Dietitians and nutritionists | |
3141 | Audiologists and speech-language pathologists | |
3142 | Physiotherapists | |
3143 | Occupational therapists | |
3211 | Medical laboratory technologists | |
3212 | Medical laboratory technicians and pathologists’ assistants | |
3213 | Animal health technologists and veterinary technicians | |
3214 | Respiratory therapists, clinical perfusionists and cardiopulmonary technologists | |
3215 | Medical radiation technologists | |
3219 | Technical assistants in pharmacy (only this designation) | |
3221 | Denturists | |
3222 | Dental hygienists and dental therapists | |
3233 | Licensed practical nurses | |
3234 | Paramedical occupations | |
4011 | University professors and lecturers | |
4012 | Post-secondary teaching and research assistants | |
4021 | College and other vocational instructors | |
4031 | Secondary school teachers | |
4032 | Elementary school and kindergarten teachers | |
4033 | Educational counsellors | |
4112 | Lawyers and Quebec notaries | |
4151 | Psychologists | |
4152 | Social workers | |
4153 | Family, marriage and other related counsellors (only this designation) | |
4156 | Employment counsellors | |
4161 | Natural and applied science policy researchers, consultants and program officers. | |
4162 | Economists and economic policy researchers and analysts | |
4163 | Business development officers and marketing researchers and consultants | |
4164 | Social policy researchers, consultants and program officers | |
4165 | Health policy researchers, consultants and program officers | |
4166 | Education policy researchers, consultants and program officers | |
4167 | Recreation, sports and fitness policy researchers, consultants and program officers | |
4211 | Paralegals | |
4212 | Social and community service workers | |
4214 | Early childhood educators and assistants | |
4215 | Instructors of persons with disabilities | |
4312 | Firefighters | |
5111 | Librarians | |
5113 | Archivists | |
5125 | Translators, terminologists and interpreters | |
5131 | Producers, directors, choreographers and related occupations | |
5211 | Library and public archive technicians | |
5223 | Graphic arts technicians | |
5225 | Audio and video recording technicians | |
5227 | Support occupations in motion pictures, broadcasting, photography and the performing arts | |
5241 | Graphic designers and illustrators | yes |
5242 | Interior designers and interior decorators | |
5243 | Theatre, fashion, exhibit and other creative designers | |
5254 | Program leaders and instructors in recreation, sport and fitness | |
6211 | Retail sales supervisors | |
6221 | Technical sales specialists – wholesale trade | |
6222 | Retail and wholesale buyers | |
6231 | Insurance agents and brokers | |
6235 | Financial sales representatives | |
6311 | Food service supervisors | |
6313 | Accommodation, travel, tourism and related services supervisors | |
6314 | Customer and information services supervisors | |
6321 | Chefs | |
6322 | Cooks | |
6331 | Butchers, meat cutters and fishmongers – retail and wholesale | |
6332 | Bakers | |
6342 | Tailors, dressmakers, furriers and milliners | |
6344 | Jewellers, jewellery and watch repairers and related occupations | |
7201 | Contractors and supervisors, machining, metal forming, shaping and erecting trades | |
7202 | Contractors and supervisors, electrical trades and telecommunications occupations (only this designation) | |
7204 | Contractors and supervisors, carpentry trades | |
7231 | Machinists and machining and tooling inspectors | |
7233 | Sheet metal workers | |
7235 | Structural metal and platework fabricators and fitters | |
7236 | Ironworkers | |
7237 | Welders and related machine operators | |
7242 | Industrial electricians | |
7244 | Electrical power line and cable workers | |
7245 | Telecommunications line and cable workers | |
7246 | Telecommunications installation and repair workers | |
7271 | Carpenters | |
7281 | Bricklayers | |
7282 | Concrete finishers | |
7283 | Tilesetters | |
7284 | Plasterers, drywall installers and finishers and lathers | |
7291 | Roofers and shinglers | |
7292 | Glaziers | |
7293 | Insulators | |
7294 | Painters and decorators (except interior decorators) | |
7295 | Floor covering installers | |
7301 | Contractors and supervisors, mechanic trades (only this designation) | |
7302 | Contractors and supervisors, heavy equipment operator crews (only this designation) | |
7303 | Supervisors, printing and related occupations | |
7305 | Supervisors, motor transport and other ground transit operators | |
7311 | Construction millwrights and industrial mechanics | |
7312 | Heavy-duty equipment mechanics | |
7315 | Aircraft mechanics and aircraft inspectors | |
7316 | Machine fitters | |
7318 | Elevator constructors and mechanics | |
7321 | Automotive service technicians, truck and bus mechanics and mechanical repairers | |
7322 | Motor vehicle body repairers | |
7331 | Oil and solid fuel heating mechanics | |
7332 | Appliance servicers and repairers | |
7333 | Electrical mechanics | |
7361 | Railway and yard locomotive engineers | |
7362 | Railway conductors and brakemen/women | |
7371 | Crane operators | |
7381 | Printing press operators | |
8211 | Supervisors, logging and forestry | |
8221 | Supervisors, mining and quarrying | |
8231 | Underground production and development miners | |
8241 | Logging machinery operators | |
8252 | Agricultural service contractors, farm supervisors and specialized livestock workers (only this designation) | |
9212 | Supervisors, petroleum, gas and chemical processing and utilities | |
9213 | Supervisors, food and beverage processing | |
9214 | Supervisors, plastic and rubber products manufacturing | |
9215 | Supervisors, forest products processing | |
9226 | Supervisors, other mechanical and metal products manufacturing | |
9232 | Central control and process operators, petroleum, gas and chemical processing | |
9235 | Pulping, papermaking and coating control operators | |
9241 | Power engineers and power systems operators | |
9243 | Water and waste treatment plant operators |
Quebec Employers need meet all the requirements of the Temporary Foreign Worker Program (TFWP).
If the job offered to the non-Canadian worker, not came under the specialized occupation list , the LMIA application will be assessed under the regular process, so employer need to advertise the opening for at least of 28 days beforehand.
Employee compensation should be same as the Canadian citizen working in the same job in that area
The Regular LMIA Process in Quebec
Non-Canadians need a temporary offer of employment from a Quebec based employer and need to receive a Temporary Work permit from Employment and Social Development Canada ( ESDC ) in order to working in Quebec
All the supporting documents have to submit in MIFI, this includes an application for Certificate d’Acceptation du Quebec ( Quebec Acceptance Certificate, normally know as a CAQ ) this should be completed and signed by the non-Canadian worker.
12. Open work permit for Hong Kong Citizens
For Hong Kong residents Canada offering different special pathways and soon Introduce new options.
Open Work Permit for Hong Kong Graduates
This open work permit is valid for up to 3 years, and this only for Hongkongers, it help Hongkongers can get the options for gain Canadian work experience.
EligibilityCriteria :
-
You need a passport that is valid and issued by the Hong Kong Special Administrative Region (HKSAR) or the United Kingdom to a British National Overseas (BNO)
-
You need to be graduated within the past 5 years. You need a a university degree OR a diploma from a program a minimum 2 years in duration.
IF the education done by outside Canada, you need a Educational Credential Assessment ( ECA ) from a designated Authority.
Kindly note: itsadvised to have at least 3 years passport validity when the time of application, as per your passport validity the work permit will issued.
HongKongers can apply other programs like, Working Holiday Program, Express Entry, Provincial Nominee Program, Quebecskilledworkers, business Immigration options, Start-up Visa
New Immigration Pathways for Hong Kong Citizens
Two new options may be introduced in 2021
The first steam will be open to past Hong Kong residents who at least one year of authorized work experience in Canada and who meet other qualifying conditions related to language and education, etc
The second stream will be for graduates of a post-secondary institution in Canada. These individuals will then be able to apply for permanent residence directly.