When a Canadian or foreign company intends to hire a foreign worker to work in Canada, a Labour Market Impact Assessment is usually required stating that the worker can be hired. The LMIA verifies that there is a need for a temporary worker, that no Canadians or permanent residents are available to do the job and that the employer has met job offer commitments to temporary foreign workers they have hired in the past. For most LMIAs, the employer must advertise the position across the Canadian job market for a minimum of 4 weeks before submitting an LMIA application. A positive LMIA must be obtained from Service Canada before applying for a work permit.

Canada’s International Mobility Program enables employers hire temporary workers without an LMIA. Many exemptions from the LMIA exist. Such exemptions are based on

• broader economic, cultural or other competitive advantages for Canada; and
• reciprocal benefits enjoyed by Canadians and permanent residents.

Following are some important categories of LMIA-exemptions:

• intra-company transferee work permit
• NAFTA and other free-trade exemptions
• Entrepreneurs/ self-employed work permit
• Francophone mobility
• Television and film production workers
• Atlantic Immigration Pilot Program
• Certain Quebec Selection Certificate holders currently in Quebec
• Exchange professors, visiting lecturers
• Spouses of skilled workers
• Post-grad employment
• Medical residents and fellows
• Live-in caregiver class

To see if you may be eligible for an LMIA-exemption, or to know more about the requirements to obtain an LMIA-based work permit, the steps in the application process, or if your application has been refused, please CONTACT US to schedule a legal consultation. to schedule a legal consultation.