Exemptions to LMIA Requirements. | Macropus Immigration & Visa Services

Exemptions to LMIA Requirements

In most cases, your prospective employer needs a Labour Market Impact Assessment (LMIA) to support their Job Offer. It is also good to know that there are some jobs which are exempt from an LMIA requirement.

For Federal Skilled Worker (FSW) program, your employer doesn’t need an LMIA if you:

• have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
• have a valid job offer
• have a valid work permit that is exempt from an LMIA, if the job is:
  • covered under an international agreement
  • within the federal-provincial agreement or
  • under the “Canadian interests” category

In some cases, up to two employers may issue one Job Offer to a prospective skilled trade professional who must work for both employers.

Jobs exempt from the LMIA

There are a few LMIA exemptions provided by the government of Canada which helps in creating your Express Entry profile.  If your current temporary job is LMIA-exempt, specifies employer or employers and is covered by an international agreement like the former North American Free Trade Agreement (NAFTA) or General Agreement on Trade in Services (GATS), and non-trade agreements. This may also include professionals and traders covered by an agreement between Canada and a province or territory, including “significant investment” projects. Additional exemption for “Canadian interest” are categorized into the following:

1. Significant benefit

• If your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada, including self-employed engineers, technical workers, creative and performing artists, etc.
• workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
• workers under Mobilité francophone

2. Reciprocal employment

• allows foreign workers to get jobs in Canada when Canadians have similar opportunities in other countries
• professional coaches and athletes working for Canadian teams, in general
• International Experience Canada is a work abroad program for youth and young professionals
• Individuals in exchange programs like professors and visiting lecturers

3. Designated by the Minister

• Professional academics such as visiting professor, guest lecturers, and researchers who are invited by the authorized federal program
• Highly competitive positions and those who can provide value to Canadian public policy such as professionals in the medical field, post-doctoral fellows and award-winning academics from Canadian post-secondary institutions

4. Charity and religious work (excluding volunteers)

This specific group of individuals may be exempt only if they meet the basic criteria for LMIA exemptions.

It is important to note, though, that jobs that are LMIA-exempt still requires a work permit.

Interested in applying for Temprorary Work Permit? Contact us today!