Usually, a positive LMIA outcome is required by Canadian Employers in order to hire temporary foreign workers. There are a number of cases, although, where the need for a LMIA may be waived.
Outlined below are some of the most common LMIA-exempt streams.
International Agreements
Interestingly, Canada is a party to a many of international agreements that ease the entry of foreign workers. The entry of foreign workers under these agreements is considered beneficial to Canada and, therefore, does not require a LMIA. The North American Free Trade Agreement (NAFTA), Canada-Chile FTA, Canada-Peru FTA, Canada-Columbia FTA are example of this case.
Entrepreneurs/Self-Employed Candidates
Generally, an LMIA exemption could be granted to private entrepreneurs who desire to come to Canada temporarily in order to begin or run a business. Applicants to one of these programs have to be the sole or bulk owners of the business they wish to pursue in the country. Additionally, they will have to show that their business will be of beneficial to Canada. Only entrepreneurs are qualified for LMIA-exempt work permits if they are able to show that their work in the country is temporary in nature. This category is especially well suited to owners of seasonal businesses.
In this category, entrepreneurs who have already applied for Canadian permanent residence could additionally qualify for LMIA-exempt work permits. Entrepreneurs are only eligible for LMIA-exempt work permits if they are able to show that their work in the country is nonpermanent in nature.
Intra-Company Transferees
Interestingly, Canada is a participant in numerous of programs for international youth exchange. For example, programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. To add, the need for a LMIA are exempt for these programs.
International Exchange Programs
Interestingly, Canada is a participant in numerous of programs for international youth exchange. For example, programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. To add, the need for a LMIA are exempt for these programs.
Dependents of Foreign Workers
When applying for an Open Work Permit (OWP), spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not need a LMIA. Please keep in mind that this does not apply to the spouses of workers on an International Exchange Program.
French-Speaking Skilled Workers
Normally, foreign nationals whose been recruited via a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are intended for a province or territory outside of Quebec and qualified under a NOC (National Occupational Classification) 0, A or B, might be eligible to work in the country through Mobilité Francophone.
Religious Workers
Based on the kind of work to be done in the country, the need for a LMIA for religious workers will differ. When the main tasks are “spiritual”, a foreign national could work in the country in the absence of a LMIA.
Academics
This includes guest lecturers, visiting professors, and researchers.
Provincial LMIA Exemptions
Keep in mind that workers nominated by a province for permanent residence and who have gotten a job offer in that province could be exempt from the need for a LMIA.
In particular, please keep in mind that being exempt from getting a LMIA does not mean the person is exempt from obtaining a work permit. In order to work in the country legally, all streams on the LMIA exemption list still require the individual to acquire a work permit.