What can I do to work with my family in Canada without an LMIA?

Various Canadian work permit options are available to foreigners who don’t need an LMIA.

Labour Market Impact Assessment (LMIA) aims to ensure that hiring foreign workers has either a positive or neutral impact on the Canadian workforce. Workers who require an LMIA are covered by the Temporary Foreign Worker Program (TFWP).

Canada permits certain foreign workers to work in Canada without having to obtain an LMIA. They are covered under the International Mobility Program (IMP). The IMP aims to support Canada’s economic, cultural and social concerns. A majority of the most popular LMIA-exempt streams belong to the IMP and can be classified into these categories:

  • Significant benefit
  • Reciprocal Employment
  • Charitable and Religious Workers

Significant Benefit

The proposed work of the foreign national should be considered beneficial to Canada, which means it has to be noteworthy or essential. Canada visa officials can exercise discretion when deciding who gets a work permit in this category. A few objective criteria of “significant social or cultural benefit” are:

  • A transcript of academics that proves the foreign worker is graduated and received a certificate, diploma or award from an educational institution in their field of competence.
  • Information from former or current employers on the foreign worker’s experiences in the job or field of expertise
  • Foreign nationals receive awards from the international or national level or patents.
  • The evidence of membership in an organization which requires the highest level of excellence from its members
  • Recognition of accomplishment and contributions to their area
  • Evidence of the scientific or scholarly contribution to their subject
  • Publications are written by a foreign national in industry or academic journals.
  • The role of a leader in an organization with a prestigious standing

A few of Canada’s LMIA-exempt work permit programs fall under the significant benefits category.

Entrepreneurs or Self-employed persons

Self-employed entrepreneurs looking to relocate to Canada to establish or manage an enterprise may be eligible for the LMIA exemption. The applicant under this program must be the sole or primary owner of the company and prove that the company will bring significant benefits to Canada. It is crucial to remember that you will only be qualified for this kind of work permit when your job in Canada is only temporary.

Intra-Company Transferees (ICT)

Foreign companies with a parent company branch, subsidiary, and affiliate within Canada can bring their most important employees to Canada via intra-company transferees. The person applying must be a senior or executive manager, functional manager or an employee with in-depth knowledge of the business’s products, processes, services and procedures.

CUSMA

In the Canada-United Stated States-Mexico Agreement (CUSMA), citizens who reside in both the United States and Mexico can obtain a work permit without an LMIA.

There are four types of work that are temporary and covered by CUSMA:

  • CUSMA professional applicants are required to be employed in any of the approximately 60 professions targeted.
  • CUSMA Intra-Company transfers workers moving into Canada to work for a subsidiary, branch or affiliated company with the US or Mexican employer that meets the ICT standards.
  • CUSMA traders are workers who come to Canada to trade services or goods between Canada and the country of their citizenship, whether in the US or Mexico.
  • CUSMA Investors Individuals that have a significant investment in an existing Canadian business are now coming to Canada to help develop and manage the company.

CETA

The Comprehensive Economic and Trade Agreement (CETA) permits visitors from the business world, investors, ICTs, service providers, and professionals who are not independent to travel to Canada without needing an LMIA.

TV and Film Production Workers

Production companies for film and television can send workers to Canada when they can prove that foreign workers’ jobs are crucial to production.

Reciprocal Employment

Reciprocal employment agreements permit foreign workers to work in Canada if Canadians are offered similar employment opportunities overseas. They can take forms such as:

  • International agreements: Foreign workers should be of great benefit to Canada.
  • International Exchange Programmes program that allows international students to work in Canada.

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Charitable and Religious Work

Charitable Worker

It is defined as alleviating poverty, advancement of education, or other goals that benefit the community. The fact that an organization is acknowledged by the Canada Revenue Agency (CRA) as a charitable organization is a clear sign that the organization is generous in the sense that foreign workers could be eligible to be employed in Canada in an entity that the CRA does not recognize.

Religious Workers

The person who is a foreign national must belong to or adhere to the convictions of a specific religion in the community they plan to work. The primary responsibility of a foreign worker is specific religious goals, such as teaching or promoting a particular religion or religion.

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