In Canada, work permits for foreign nationals fall into two main categories: those requiring a Labour Market Impact Assessment (LMIA) and those that do not. Several international agreements allow temporary foreign workers (TFWs) to work in Canada without the need for an LMIA, depending on their occupation and country of origin.
What Is an LMIA?
An LMIA is a document that some Canadian employers must obtain from Employment and Social Development Canada (ESDC) before hiring a TFW. It demonstrates that the hiring of a foreign worker will have a positive or neutral impact on the Canadian labor market. However, certain international agreements exempt employers from this requirement, making it easier for TFWs to work in Canada.
LMIA Exemptions for Traders
TFWs who work as traders can work in Canada without an LMIA if they are from one of the following countries: United States, Mexico, Colombia, Chile, South Korea, or Peru. This exemption is made possible through international agreements such as the Canada-United States-Mexico Agreement (CUSMA).
Investors Who Can Work Without an LMIA
Investors from several countries can also work in Canada without needing an LMIA. These countries include the United States, Mexico, Colombia, Chile, South Korea, Peru, the European Union (through the Comprehensive Economic and Trade Agreement, or CETA), the United Kingdom, and various Trans-Pacific countries under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
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Professionals Exempt From LMIA
Professionals from certain countries can be employed in Canada without an LMIA. These countries include the United States, Mexico, Colombia, Chile, Panama, Peru, member nations of the General Agreement on Trade in Services (GATS), and the CPTPP Member Nations.
LMIA Exemptions for Intra-Company Transfers
Intra-Company Transfers (ICTs) allow employees from foreign companies to work temporarily in Canada at a branch, subsidiary, or affiliate without an LMIA. Specific provisions for ICTs exist for countries like the United Kingdom, CPTPP Member Nations, CETA Member Nations, Peru, South Korea, Chile, Colombia, United States, and Mexico.
Other LMIA Exemptions Under International Agreements
Other situations where TFWs can work in Canada without an LMIA include unique occupations and specific relationships. For example, Airline Personnel in operational, technical, and ground roles, and Government Personnel from the United States are exempt. Additionally, Technicians from Colombia, Panama, Peru, and CPTPP Member Nations do not require an LMIA. Spouses of ICTs from Colombia, South Korea, CPTPP Member Nations, the European Union (CETA), and the United Kingdom are also eligible.
International agreements simplify the process for TFWs and Canadian employers, making it easier for skilled workers to contribute to the Canadian economy without the need for an LMIA.
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