LMIA Exemptions and Benefits

Who is Exempted from an LMIA

Generally, if Canadian employer wants to hire an alien worker, they are asked to provide a positive Labour Market Impact Assessment (LMIA) according to conditions of the Temporary Foreign Worker Program.

There is an International Mobility Program which has known as an “umbrella” for all work permit applications under LMIA exempt. Under Immigration and Refugee Protection Regulation, there are 5 situations where a work permit for foreign worker is issued without requesting a LMIA from employers. They are including International agreements, Canadian interests, Self-support, Applicants in Canada and Humanitarian reasons.

Significant benefit is one out of 4 streams of Canadian interest branch.

Significant Benefit:

You are eligible for the Canadian interest branch only if you are able to make profit for Canada. Section 205 of the Regulation states that an alien is granted a work permit if the work he/she is going to perform in Canada “would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents”.

To avoid that you will not pursue your target as promised or even compete against with Canadian citizens or permanent residents’ job opportunities. Before approving your work permit, they will examine your honesty and credibility based on what you have done in your national country. Those are sample questions that you are expected to say yes:

1. Do you obtain qualifying certificates on the field you reported?

2. Are you an expert at that field in your country?

3. Does your record display an outstanding level of achievement?

4. Are you a leader in that field?

5. Have you created or maintained significant social, cultural or economic benefits or opportunities for your nationalities?

Then, prepare all evidences you have possessed so far to prove your competence. As many factors you can gather, as higher success of your application. According to CIC, here are the measures which the processing officers use to assess your abilities:

• an official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;
• evidence from current or former employers showing that the foreign national has significant full time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience);
• has been the recipient of national or international awards or patent;
• evidence of membership in organizations requiring excellence of its members;
• having been the judge of the work of others;
• evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
• evidence of scientific or scholarly contributions to the field by the foreign national;
• publications authored by the foreign national in academic or industry publications;
• leading role of the foreign national in an organization with a distinguished reputation;
• francophone foreign workers entering occupations with National Occupation Classification O, A and B, destined outside of Quebec who have been recruited through Destination Canada or other employment events coordinated with the federal government and francophone minority communities.

Requirements for Employers

Employers in the International Mobility Program do not need a LMIA to hire a foreign worker but they must meet the other conditions of Temporary Foreign Worker category.

According to the new rule updated on CIC website which has been effected on February 21, 2015, the immigration officers may issue the work permit for the alien worker only if before the alien worker submits his/her application, the employers must :

1. Provide information about their organization or business

2. Submit the Offer of Employment form IMM5802

3. Pay the fee to the Citizenship and Immigration Canada.

Do not forget to send a copy of the form IMM5802 to the foreign worker soon after the employers get the receipt number; as he/she will have to submit it before his/her application for work permit.

Also remember, the information, the employer are required, must comply with the new regulation:

1. their name, address and telephone number, and fax number and electronic mail address, if any;
2. the business number assigned to the employer by the Minister of National Revenue, if applicable;
3. information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national referred to in section 207; and
4. the offer of employment made in the form provided by the Department.

Contact Akrami & Associates

If you are the employer and looking into hiring a foreign worker or if you are the foreign worker and wanting to work in Canada, whatever your situation may be we can help. Our immigration experts have the knowledge and expertise to help you out with your immigration matters. Give us a call at 416-477-2545 and one of our representatives will be glad to assist you.