Do I Always Need A Labour Market Impact Assessment (LMIA)?
In most cases an employer must get an LMIA to hire a foreign worker. An LMIA essentially permits an employer to hire a temporary foreign worker. However, there are exemptions, as certain categories of workers need a work permit, but may be exempt from an LMIA.
The following may be exempted from the LMIA requirement:
- Workers covered under International agreements such as, NAFTA
- Participants of exchange programs like, youth or teacher exchange programs
- Workers nominated by a province for permanent residency (must have a job offer based in the province).
- Entrepreneurs and workers transferred within a company
- Academics like, researchers, guest lecturers, or visiting professors may also be exempt
- Additionally, international students studying in Canada and participating in an internship or co-op, may be exempt
- Religious workers
- Spouses and common law partners of certain categories of visitors may also be exempt. For instance, spouse and common law partners of certain foreign students who are studying full time in Canada.
It is important to note that each of these exemptions come with their list of requirements and necessary supporting documentation. It is up to you to supply the officer with the right documentation and the right application. The process of applying for a work permit may be complicated, due to the various categories and sub categories that can often confuse.
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