A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.
To promote Francophone immigration in Francophone minority communities, as of June 1, 2016, foreign nationals who are destined for a province or territory outside Quebec and qualified under National Occupational Classification (NOC) 0, A or B may be eligible for an exemption from the Labour Market Impact Assessment (LMIA) requirement under paragraph 205 (a) of the Immigration and Refugee Protection Regulations (IRPR).
Facilitating entry for these workers under the International Mobility Program (IMP) serves to support paragraph 3(1)(b.1) of the Immigration and Refugee Protection Act (IRPA) by encouraging the development of minority official language communities in Canada. Promoting the use of French outside Quebec strengthens and supports the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada.
Intra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.
IEC is a program designed to allow youth the opportunity to work in Canada for temporary periods.
Citizens of countries with a bilateral Youth Mobility Arrangement with Canada who are between the ages of 18 and 35 may be eligible for IEC work permits.
Participants in this program can receive an open work permit, valid for one to two years. Open work permits allow participants to work anywhere in Canada for almost any Canadian employer. Nationals of some countries may be allowed to stay in Canada for more or less than one year.
This category is for individuals who:
Under this program, citizens of participating countries can gain valuable international experience by working for a Canadian company. Applicants to this category receive an employer-specific work permit if approved.
This category is for individuals who:
A signed job offer letter or contract of employment with a Canadian employer related to the applicant’s professional development is required before applying. The job offered must be classified as a National Occupation Code (NOC) Skill Type Level 0, A, or B.
This program allows citizens of participating countries who are enrolled at a post-secondary institution in their country of citizenship to spend a period of time interning for Canadian companies. Applicants to this category would receive an employer-specific work permit.
This category is for individuals who:
Participants must arrange co-op placements with Canadian employers before applying.
Eligibility requirements for the IEC program
Candidates must:
Please note that specific age and eligibility requirements may vary by country.
Due to the fact that many foreign athletes and coaches earn their livelihood through sport, when they come to Canada for sporting events they are effectively working in Canada, technically making them foreign workers. Despite this designation, in the majority of cases, the rules and regulation of the Temporary Foreign Worker Program do not apply in the context of visiting athletes and coaches. To subject these individuals to the rules and procedures usually associated with foreign workers would be overly burdensome and would impede Canada from participating in sporting events/leagues that are international in scope. Therefore, as long these individuals are a member of a foreign-based team or an individual athlete representing a foreign country, a work permit is generally not required. The same goes for any of the foreign team or athlete’s essential personal and support staff
On the other hand, if a foreign national wants to join a Canada-based sports team or represent Canada as an individual athlete, a work permit must usually be obtained.
However, even in this scenario, much of the red tape usually associated with acquiring a work permit is removed from the process. This is because such athletes can be exempt from the Labour Market Impact Assessment (LMIA) requirement, which is usually the most onerous and problematic aspect of procuring a work permit. The LMIA
is usually necessary to demonstrate that there is a labour shortage and, as a result, the Canadian employer
was unable to find a Canadian citizen or permanent resident to fillthe position. As such, LMIA applications are scrutinized very closely — even a trivial error can jeopardize the success of these types of application. LMIA-exempt work permits are exempt from demonstrating this labour shortage. Consequently, it is important to ensure athletes are eligible for this type of work permit and have a well prepared work permit application.
In the Canadian context, charity is defined as the relief of poverty, advancement of education or certain other purposes that benefit the community. As such, certain charitable workers do not require a LMIA in order to enter the Canadian labour market temporarily.
Being registered with the Canada Revenue Agency (CRA) as a chairty is a strong indicator that an organization is indeed charitable in nature. However, foreign workers may be able to work in Canada for an organization under this LMIA-exempt provision that is not registered with the CRA; the visa officer may request additional information from the employer in such an instance.
The government of Canada draws a distinction between a charitable worker, who needs a work permit, and a volunteer worker, who is work-permit exempt. A volunteer worker does not enter the labour market and his or her presence in Canada is incidental to the main purpose of the visit A charitable worker, on the other hand, usually takes a position involving an activity that meets the definition of work and may be compensated for his or her work in Canada. As a result, he or she needs a work permit, though the LMIA process is not required.
Religious work normally entails a requirement for the foreign national to be part of, or share, the beliefs of the particular religious community where he or she intends to work, or to have the ability to teach or share other religious beliefs, as required by the employer.
For this LMIA-exempt category, the primary duties of the foreign national should reflect a particular religious objective, for example the provision of religious instruction or promotion of a particular religion or faith.
The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings are based.
