LMIA Exempt Work Permits
The general rule for obtaining a work permit in Canada is to first apply for a Labour Market Impact Assessment (LMIA). Despite this, there are several exemptions to the rule through the International Mobility Program (IMP) or bilateral and multilateral agreements, which help facilitate the movement of foreign workers to Canada without the need for an LMIA.
JUMP TO SECTION: Charitable Work or Religious Work | Vulnerable Workers | Humanitarian Reasons
International Agreements
International Free Trade Agreements (FTAs) facilitate the temporary entry of businesspeople. While most people entering Canada through an FTA will require a work permit, they will be exempt from obtaining a Labor Market Impact Assessment.
Current Canada-International Free Trade Agreements include:
Canada-United States- Mexico Agreement (CUMSA), formally NAFTA
Canada-Chile FTA
Canada-Peru FTA
Canada-Colombia FTA
Canada-Korea FTA
Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
General Agreement on Trade in Services (GATS)
Canada-Panama Free Trade Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Within the above agreements are several categories that help facilitate the movement of foreign workers into Canada. This includes the popular NAFTA professional category with over 60 professional occupations, including engineer, computer systems analyst, and management consultants. In most cases, a post-secondary credential, professional experience or combination of both is required to be eligible for a work permit under this category. Permits may be issued for an initial duration of three years.
Additionally, the Intra-Company Transferee (ICT) category through GATS (C12), NAFTA (T24), CETA (T44) or CPTPP (T51) is effective for companies with a qualifying parent, affiliate, or subsidiary company in Canada. To qualify, the employee must usually have at least one year of continuous full-time experience with the company abroad in a specialized knowledge or senior manager/executive position. In some cases, they must also need to meet prevailing wage requirements. This is the hourly wage, usual benefits and overtime paid to the majority of workers within a particular area.
Canadian Interests
Officers have the authority to issue work permits to individuals that would create or maintain significant social, cultural or economic benefits to Canada. Most exemptions are clearly defined, for example, those through CUMSA, GATS or CETA; however, there may be times where an LMIA is not available or specific exemption is not applicable, but the entry of a person is critical, and the social, cultural or economic benefits to Canada are clear and compelling that the importance of an LMIA is overcome.
One, in particular, is the LMIA work permit exemption through the significant benefit category. Officers will assess the social and cultural benefit of authorizing entry for applicants who are internationally renowned and will have a notable contribution to the Canadian economy.
Charitable or Religious Work
Work that is charitable or religious in nature is covered under this LMIA exemption.
Charitable Work
It is important to understand the definition of work in order to verify if this category applies to the activity you will perform in Canada. If you are employed by a Canadian charitable organization, this alone will not meet the requirements for the LMIA exemption. The work that you complete must be directly relatable to the charitable efforts. Examples of charitable purposes include:
Relief of poverty – cooking at a homeless shelter
Advancement of education – providing prenatal instructions to low-income families
Advancement of religion
Activities that benefit the community – group home workers, professional carpenters for Habitat for Humanity
Remuneration is not the only factor considered when determining whether the work being performed falls under charitable or volunteer work. A charitable activity can still constitute work even if it is unpaid but competes with Canadians or permanent residents in the Canadian labour market.
Religious Work
Religious work involves being part of or sharing the beliefs of the religious community where the foreign national will work, including teaching as required by the employer. Primary duties include:
Providing religious instruction
Promoting a particular faith
Advancing the spiritual teachings of a religious faith
Maintaining the doctrines and spiritual observances on which teachings are based
Similar to charitable workers, simply being employed by a Canadian religious organization is not enough to satisfy the requirements. For example, if you are completing clerical duties at a religious organization, this is not considered religious in nature.
Religious workers have both a work permit exemption and an LMIA exemption. They may be eligible under both exemptions but may choose to apply under one.
Do you need help with your Work Permit Application?
The procedures and processes for work permits vary from category to category. Whether you are an employer or a foreign worker, the best first step is to understand your options. Start today by contacting NextGen to speak with one of our licensed professionals. We have worked extensively with temporary applications, and we can help you too.
Vulnerable Workers
As of June 2019, new instructions were issued for vulnerable workers in Canada. Under the new provisions, Immigration, Refugee and Citizenship Canada may issue an open work permit to a foreign national who is currently experiencing or at risk of experiencing abuse in the context of their employment in Canada. Abuse is defined as physical, sexual, psychological or financial abuse. This category is not available for foreign workers who are working in Canada without a work permit or have failed to comply with the conditions of their previous permit.
This work permit is considered a transitional measure to support foreign workers facing workplace abuse. Employers will not be contacted during the process; however, an investigation can occur once a work permit has been issued under this category. Work permits will be processed on an urgent basis, approximately five business days but can fluctuate due to application volumes.
At the time of the application, foreign workers must be in Canada and must be working on a valid LMIA based work permit or an LMIA-Exempt and employer-specific work permit. Applicant's in Canada with family members are also eligible to obtain an open work permit or study permit to the validity of the principal applicant's status. Officer may issue a work permit for a duration of 12 months- the approximate length of time to find new employment and receive the necessary LMIA and/or work permit.
Humanitarian Reasons
Canada's immigration system is sensitive to the hardships faced by many foreign nationals in Canada. There are two categories of humanitarian-based work permits that are currently in place to mitigate some of the difficulties encountered.
Impoverished Students
Foreign students that find themselves unable to meet the cost of their studies, including their day-to-day needs or tuition, may be eligible for an open work permit. Each case is assessed and determined on its own merit, and the circumstances of such a request should be beyond the applicant's control. The work permit will be issued for short-term relief only with a duration coinciding with the current term of study.
Temporary Resident Permit Holders
TRPs are generally issued for a limited period of time to satisfy the purpose of entry or continued stay in Canada. Despite this, they can be valid for up to a period of three years. An officer may consider issuing a TRP if the purpose of the individuals to enter or remain in Canada is balanced when the objectives of the IRPA are considered, and the issuance outweighs any risks that might exist and is compelling and sufficient to overcome any risks that an applicant may pose.
In some cases, when an application for a TRP is received, an officer may consider issuing a work or study permit if the TRP is valid for at least six months. Applicants may also be given access to health and other social services as a result.
To read more about Temporary Resident Permits and the officer's assessment, click here.