Canada is known for its inclusive immigration policies, which extend to its temporary foreign worker (TFW) programs. Among the options available to TFWs, work permits are typically divided into two categories: those that require a Labour Market Impact Assessment (LMIA) and those that do not. An LMIA is a document that Canadian employers must sometimes obtain from Employment and Social Development Canada (ESDC) before hiring a TFW. The LMIA proves that the hiring of a TFW will have a positive or neutral impact on the Canadian labor market. However, thanks to various international agreements, some TFWs can work in Canada without the need for an LMIA. Here’s how.
LMIA-Exempt Work Permits
Several international agreements allow Canadian employers to hire TFWs from specific countries without obtaining an LMIA. These agreements simplify the process, enabling TFWs to contribute to the Canadian economy while bypassing the often-lengthy LMIA process. Below are some of the key occupations and agreements that facilitate LMIA-exempt work permits.
Traders
Canadian employers can hire foreign nationals as traders without an LMIA if they are from one of the following countries: the United States, Mexico, Colombia, Chile, South Korea, or Peru. This exemption is possible due to international agreements like the Canada-United States-Mexico Agreement (CUSMA), which replaced NAFTA. Under CUSMA, American citizens can work in Canada without needing a Temporary Resident Visa (TRV). Mexican citizens, while generally requiring a TRV, can also enter Canada without
one under specific conditions.
A trader, as defined by these agreements, is a professional engaged in substantial trade of goods or services between Canada and their country of citizenship.
Investors
Investors from nine countries/regions can work in Canada without an LMIA under various international agreements. These include the United States, Mexico, Colombia, Chile, South Korea, Peru, the European Union (under CETA), the United Kingdom, and certain Trans-Pacific countries participating in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
An investor, according to these agreements, is generally someone who has made a substantial investment in a Canadian business and is coming to Canada to develop and direct that business.
Professionals
Professionals from countries like the United States, Mexico, Colombia, Chile, Panama, Peru, GATS member nations, and CPTPP countries can also work in Canada without an LMIA. The definition of a “professional” varies by agreement, but under CUSMA, it typically refers to individuals with pre-arranged employment or a service contract with a Canadian company, working in an occupation that matches their professional qualifications.
Intra-Company Transfers
Intra-Company Transfers (ICTs) allow employees of foreign companies to work temporarily in Canada for a branch, subsidiary, or affiliate of their employer. While ICT work permits are available to all countries, certain international agreements have specific provisions for executives, senior managers, and specialized knowledge workers from countries like the United Kingdom, CPTPP member nations, and
CETA member nations.
Other LMIA-Exempt Categories
There are other unique situations where TFWs can work in Canada without an LMIA. These include airline personnel, government personnel from the United States, and technicians from countries like Colombia, Panama, and Peru.
In conclusion, Canada’s international agreements open doors for TFWs from specific countries, allowing them to work in the country without an LMIA. These agreements simplify the process for both employers and employees, making Canada an attractive destination for skilled workers from around the world.
Understanding these exemptions is crucial for employers looking to hire internationally and for TFWs seeking opportunities in Canada. Stay tuned with Swift Immigration Solution for more updates as we continue to unravel the latest news of Canada’s Immigration Policies and provide you with the tools you need for a successful immigration journey.
