LMIA-Exempt Work Permits (IMP) - Themillenniumimmigration

International Mobility Program: LMIA-Exempt Foreign Workers

Numerous foreign nationals are exempt from needing a Labour Market Impact Assessment (LMIA) to gain employment in Canada.

Foreign workers who are exempt from needing a Labour Market Impact Assessment (LMIA) are categorized under the International Mobility Program (IMP). However, being LMIA-exempt does not eliminate the requirement to obtain a work permit.

Understanding the various work permit options in Canada can be challenging, but we aim to simplify the process for you. The Millennium Immigration is a prominent Canadian immigration law firm with more than 11 years of experience.

If you’d like to arrange a free telephone consultation with our work permit team, please fill out our contact form.

Overview

Foreign workers who need to undergo the Canadian government’s labour market test, known as the Labour Market Impact Assessment (LMIA), are classified under the Temporary Foreign Worker Program (TFWP). In contrast, those who do not require an LMIA are categorized under the International Mobility Program (IMP). The TFWP is designed to allow Canadian employers to hire foreign workers when there are no suitable candidates available locally. Meanwhile, the IMP aims to further Canada’s economic, social, and cultural interests. Because the IMP has broader policy objectives, the Canadian government does not require the LMIA process for foreign nationals in its various streams.

Below are some of the most common LMIA-exempt streams within the International Mobility Program (IMP):

Significant Benefit
Reciprocal Employment
Charitable and Religious Workers

Significant Benefit

Beyond the scenarios described in this section, Canadian visa officers possess a degree of discretion when determining whether granting a work permit to a foreign national is beneficial without requiring an LMIA. This is referred to as a significant social or cultural benefit.

To qualify, the foreign national’s contribution to Canada must be substantial—meaning it should be notable or important. Officers often rely on the insights of credible and distinguished experts in the relevant field, alongside any objective evidence provided. The applicant’s previous achievements are a strong indicator of their potential impact.

Objective criteria for “significant social or cultural benefit” include:

An official academic record showing a degree, diploma, certificate, or similar qualification related to their area of expertise.
Evidence from current or former employers indicating significant full-time experience in the relevant occupation (typically ten or more years).
Recognition through national or international awards or patents.
Membership in organizations that uphold high standards for their members.
Serving as a judge of others’ work.
Acknowledgment of achievements and contributions by peers, government bodies, or professional associations.
Scientific or scholarly contributions to the field.
Publications authored by the individual in academic or industry outlets.
A leadership role in an organization with a strong reputation.

Entrepreneurs/Self-Employed Persons
An LMIA exemption may be available for private entrepreneurs wishing to temporarily establish or operate a business in Canada. Applicants must be the sole or majority owners of their intended business and must demonstrate that it will significantly benefit Canada. Entrepreneurs can qualify for LMIA-exempt work permits only if they can prove that their work in Canada is temporary, making this category especially suitable for seasonal business owners. Entrepreneurs who have applied for permanent residence may also be eligible for LMIA-exempt work permits in this context.

Intra-Company Transferees
Intra-Company Transferees can receive an LMIA exemption for a temporary transfer to Canada. Eligible transferees must be executives, managers, or specialized knowledge workers employed by a foreign company that has a qualifying relationship with a Canadian entity.

Dependents of Foreign Workers
Spouses and children of foreign workers holding a skilled Canadian work permit do not need an LMIA. However, this does not apply to the spouses of those participating in an International Exchange Program.

French-Speaking Skilled Workers
Foreign nationals recruited through a francophone immigration promotional event, organized between the federal government and Francophone minority communities, may be eligible to work in Canada through Mobilité Francophone if they are destined for a province or territory outside of Quebec and qualify under the National Occupational Classification (NOC) 0, A, or B.

Academics
This category includes researchers, guest lecturers, and visiting professors.

Provincial LMIA Exemptions
Workers nominated by a province for permanent residence with a job offer in that province may be exempt from needing an LMIA.

Reciprocal Employment

Reciprocal employment agreements enable foreign workers to work in Canada when Canadians have similar opportunities to work abroad.

International Agreements
Canada is involved in several international agreements that facilitate the entry of foreign workers. The admission of these workers under such agreements is seen as a significant benefit to Canada, thus eliminating the requirement for an LMIA. An example of this is the North American Free Trade Agreement (NAFTA).

International Exchange Programs
Canada participates in various programs aimed at international youth exchange. These include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange initiatives. Participants in these programs are exempt from needing an LMIA.

Charitable and Religious Work

In Canada, charity is defined as activities aimed at relieving poverty, advancing education, or serving other community-benefiting purposes. Consequently, certain charitable workers can enter the Canadian labor market temporarily without needing an LMIA.

Registration with the Canada Revenue Agency (CRA) as a charity is a strong indicator of an organization’s charitable nature. However, foreign workers may still work for an organization not registered with the CRA under this LMIA-exempt provision; in such cases, the visa officer may request further information from the employer.

It’s important to note that the Canadian government differentiates between charitable workers, who require a work permit, and volunteer workers, who do not. Volunteer workers do not enter the labor market, and their presence in Canada is incidental to their primary purpose of visiting. In contrast, charitable workers typically engage in activities that qualify as work and may receive compensation, necessitating a work permit, albeit without the LMIA process.

Religious Workers
Religious work generally requires the foreign national to be aligned with or share the beliefs of the religious community in which they will be working, or to possess the ability to teach or share those beliefs as specified by the employer.

For this LMIA-exempt category, the primary responsibilities of the foreign national should reflect a specific religious purpose, such as providing religious instruction or promoting a particular faith. The work must involve advancing the spiritual teachings of that faith and maintaining the doctrines and spiritual practices associated with those teachings.

Contact THE MILLENNIUM IMMIGRATION

Do you require assistance with obtaining a work permit? THE MILLENNIUM IMMIGRATION can help. With over 11 years of experience, THE MILLENNIUM IMMIGRATION specializes in supporting both workers and employers in securing Canadian work permits.

Feel free to reach out to us to schedule a free telephone consultation with one of our lawyers.