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Labour Market Impact Assessment

There are certain cases where the need for a Labour Market Impact Assessment (LMIA) may be waived to bring a foreign worker to Canada.

The LMIA- exempted streams are-

Note: Being waived from requiring an LMIA doesn’t mean the exemption from obtaining a work permit. The work permit is a legal requirement to work in Canada in all the work-streams.

Significant benefit

The significant, social, or cultural benefit is the degree of flexibility given to the Visa officer to determine if an LMIA would be required to issue the work permit.

The foreign worker’s previous record is checked to see his level of achievement. It is done to know if the candidate can impart some notable contribution to Canada by his/her work.
Objective measures for the same are as below:

an official academic record showing that the foreign national has a required level of qualification (degree, diploma, certificate, or similar award from a college, university, or other institution)
testament from current or former employers showing the calibre of foreign national and his/her duration of work experience
has received national or international awards or patent
evidence of being a member of organizations
have been the judge in some events or decisions
evidence by peers, or government or private associations that the candidate has significantly contributed to his/her respective fields
evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations
evidence of scientific or scholarly contributions or academic publications in the field by the foreign national

ENTREPRENEURS/SELF-EMPLOYED PERSONS

An LMIA- exemption is granted to private entrepreneurs who come to Canada to establish their business. They must be the sole or majority shareholder of the business. These businessmen need to demonstrate the temporary and beneficiary nature of their work. The exemption also extends to the entrepreneurs who have already applied for a Canadian PR.

INTRA-COMPANY TRANSFEREES

Transferees from foreign companies on positions of executives, managers, or specialized knowledge workers are qualified to work in Canada temporarily without an LMIA within the Canadian company, with which their own parent company is related to.

Dependents Of Foreign Workers

The spouses and children of foreign workers having a work permit for a skilled occupation do not require an LMIA. This provision doesn’t extend to the spouses of workers entered through an International Exchange Program.

FRENCH-SPEAKING SKILLED WORKERS

The Canadian federal government, in collaboration with francophone immigration promotional event, recruits foreign nationals for a province or territory except for Quebec. These recruits may be eligible to work in Canada through Mobilité Francophone as they are qualified under the National Occupational Classification (NOC) 0, A or B.

Academics

This includes professors, researchers, guest lecturers, and academicians to promote excellence in education.

PROVINCIAL LMIA EXEMPTIONS

Workers who have a job offer and have a nomination from a province for the PR may be exempted from the need for an LMIA.

Reciprocal employment

In this agreement, a Canadian receives opportunities abroad, and a foreign national is admitted into Canadian employment.

International Agreements

The North American Free Trade Agreement (NAFTA) is an example of the international agreements in which Canada participates. Foreign workers admitted under these agreements do not need to undergo the LMIA process.

International Exchange Programs

Canada participates in a number of Youth exchange programs. The list of LMIA- exempted programs under this category extends to the International Experience Canada (IEC) Working Holiday Visa, Young Professionals programs, Student Co-op programs, and teacher exchange programs.

Charitable and religious work

Charitable workers

Charity is defined as a relief to poverty, advancement of basic purposes to benefit the community in the Canadian context. In general, such charitable workers do not need an LMIA to enter the Canadian labor market.
However, the charity is required to register themselves with the Canada Revenue Agency (CRA) to indicate their charitable nature. Even if they are not registered, foreign workers may work under such an organization on approval by Visa Officer.
There lies a distinction between a charitable worker, who needs a work permit, and a volunteer worker, who is work-permit exempt. A volunteer worker must not enter the labor market, and his or her presence in Canada is only for the charitable purpose of the visit. A charitable worker may meet the definition of work and may be compensated for his work in Canada. Therefore, a work permit is needed, though the LMIA process is not required.

International Exchange Programs

Religious work requires the foreign nationals to be its part, or share its beliefs or other religious beliefs. For this LMIA- exempt category, the prime objective of the foreign national must be proved to be religious. Their work should involve the teachings of religious faith, maintaining spiritual doctrines, etc.