LMIA-exempt work permits: every exemption, explained
Most work permits issued in Canada do not involve an LMIA at all. They come through the International Mobility Program, where an employer files an offer through a portal and pays a fee, and the worker applies under an exemption code. This guide lists the codes that matter in 2026, what each one requires, how employers use the portal, and how dual intent lets you hold a temporary permit while pursuing permanent residence.
Key takeaways
LMIA-exempt permits run through the International Mobility Program using exemption codes tied to trade agreements, significant benefit, reciprocity, public policy and open-permit categories. Employers use the Employer Portal and pay $230; workers apply under the code. Dual intent is lawful under IRPA 22(2).
- Exemptions attach to situations, not job titles; the code must genuinely fit or the permit is refused.
- Employers file an offer of employment in the Employer Portal and pay the $230 compliance fee for employer-specific exempt permits.
- The most used codes: C12 (intra-company), T-codes (trade agreements), C21 (IEC), C43 (PGWP), A75 (BOWP), C41/C42 (spouses), C16 (Francophone).
- Dual intent is expressly permitted; a pending PR application does not by itself justify refusing a work permit.
- Exempt skilled work counts fully toward the Canadian Experience Class and provincial nominations.
Two programs, one work permit
Canada issues work permits under two programs. The Temporary Foreign Worker Program requires an employer to obtain a Labour Market Impact Assessment from ESDC proving no Canadian was available. The International Mobility Program (IMP)does not, because Parliament has decided that certain hires serve Canada's interests regardless of the local labour market: honouring trade agreements, letting multinationals move staff, reciprocal youth exchange, keeping families together, and retaining people already on a path to permanent residence. The IMP accounts for the large majority of work permits issued each year. Each IMP permit is issued under an exemption code, and understanding the codes is the whole game.
The LMIA exemption codes that matter in 2026
| Code | Exemption | Who it fits | Open or employer-specific |
|---|---|---|---|
| T21 to T26, T13 and others | Trade agreements: CUSMA (US and Mexico), CETA (EU), CPTPP, UK, Korea, Chile, Peru, Colombia, Panama | Professionals on the agreement's list, intra-company transferees, traders and investors, business visitors | Employer-specific |
| C12 | Intra-company transfer (general provision) | Executives, senior managers and specialised-knowledge staff moving within a multinational after at least one year abroad | Employer-specific |
| C10 | Significant benefit to Canada | Workers whose entry brings significant social, cultural or economic benefit, assessed case by case | Employer-specific |
| C11 | Significant benefit: entrepreneurs and self-employed | Owners of at least 50 percent of a Canadian business, or PNP entrepreneur candidates, with a plan showing benefit | Employer-specific (self) |
| C16 | Francophone Mobility | French-speaking workers (CLB/NCLC 5) taking a job outside Quebec in most occupations | Employer-specific |
| C20, C21 | Reciprocal employment, including International Experience Canada | Working Holiday, Young Professionals and International Co-op participants from partner countries | C21 open (WH) or employer-specific |
| C41, C42 | Spouses and partners of skilled workers and students | Partners of workers in eligible occupations and of students in eligible programs (narrowed in 2024 and 2025) | Open |
| C43 | Post-graduation work permit | Graduates of eligible programs at designated institutions | Open |
| A75 | Bridging open work permit | PR applicants under Express Entry, PNP, AIP, caregivers and some others whose permit is within four months of expiry | Open |
| C44, C45 | Public policies and pilots | Specific groups named in a temporary public policy, for example some PNP candidates awaiting nomination | Varies |
| C50 to C52 | Religious workers, charitable work | Clergy and workers in religious or charitable organisations | Employer-specific |
| C61 to C63 | Post-doctoral fellows, research award recipients, academic exchange | Researchers and academics at Canadian institutions | Employer-specific |
| C88 | Provincial nominees with a support letter | Nominees whose province supports a work permit while the PR application is processed | Employer-specific |
| C18 | Atlantic Immigration Program | Candidates with a designated Atlantic employer and a provincial endorsement, while the PR application is processed | Employer-specific |
The code has to fit, exactly
How an LMIA-exempt hire works, step by step
- 01
Identify the exemption
Match the situation to a code. If none fits, the hire needs an LMIA; do not force a code. Open-permit categories (spouses, PGWP, BOWP, IEC Working Holiday) skip the employer steps entirely.
- 02
Employer submits an offer of employment
Through the IRCC Employer Portal: business details, the job, wage, duties, the exemption code and the worker's details. The employer receives an offer of employment number.
- 03
Employer pays the compliance fee
$230 per position, paid online before the worker applies. Not required for open work permits. Employers must also keep records for six years and may be inspected.
- 04
Worker applies for the permit
Online from abroad, at a port of entry if eligible (visa-exempt nationals under some codes), or from inside Canada if they hold status. The application quotes the offer number and the code, and includes proof the exemption applies: contracts, corporate structure, credentials, language results.
- 05
Biometrics, medical if required, and decision
Standard work permit processing for the applicant's country. Some codes, such as intra-company transfers and CUSMA, are processed at the border for visa-exempt applicants in one visit.
- 06
Permit issued with conditions
Employer-specific exempt permits tie the worker to the employer, job and location named; open permits do not. Extensions follow the same route if the exemption still applies.
Dual intent: a work permit while you pursue PR
Section 22(2) of the Immigration and Refugee Protection Act says that an intention to become a permanent resident does not stop a person from becoming a temporary resident, provided the officer is satisfied they will leave at the end of the authorised period. That is dual intent, and it is why you can hold an Express Entry profile, or a pending provincial nomination, and still be issued a work permit. It is also why the bridging open work permit exists at all.
In practice, dual intent is examined most closely in two situations: a first work permit for someone who has already applied for PR from abroad, where the officer asks whether the temporary application is genuinely temporary, and LMIA-based permits where the employer has also supported a PR stream. Answer the question honestly on the forms. Declaring a PR application is not a negative; concealing one is. Our guide to moving from temporary to permanent residence sets out how the permits and the PR file fit together.
LMIA-exempt vs LMIA-based: which is better?
| LMIA-exempt (IMP) | LMIA-based (TFWP) | |
|---|---|---|
| Employer step | Offer in the Employer Portal, $230 fee, days | LMIA application to ESDC, $1,000 fee, weeks to months, recruitment required |
| Wage rule | Prevailing wage for the occupation still applies | Prevailing wage plus high-wage or low-wage stream rules and caps |
| Who qualifies | Only situations that fit an exemption code | Any occupation, subject to stream rules and refusals in high-unemployment areas |
| Express Entry arranged employment points | Only for certain codes with one year of work for the employer | Yes, with a valid LMIA and job offer |
| PR eligibility of the work | Counts fully for CEC and PNPs | Counts fully for CEC and PNPs |
| Processing | Faster overall; some codes at the border | LMIA first, then the permit |
Common mistakes with LMIA-exempt permits
- Using C11 for a job. C11 is for owners and the self-employed with a benefit case, not a way for a small company to hire a friend.
- Assuming a job title is on the CUSMA list. The list is specific and the credentials must match; a “consultant” is not automatically a Management Consultant.
- Intra-company transfers without the year abroad. C12 needs one continuous year with the foreign entity in the three years before the application, and a genuine corporate relationship.
- Employer skipping the portal. A worker cannot be issued an employer-specific exempt permit without an offer number and paid fee.
- Spousal permits after the 2024 to 2025 changes. C41 and C42 now depend on the principal's occupation or program; many partners who would have qualified in 2023 do not now.
- Letting the current permit expire while the exempt application is prepared. Apply before expiry to hold maintained status.
The exemptions we use most in the Bow Valley and Alberta
In our practice the busiest codes are C21 for International Experience Canada participants working ski seasons and summers in Banff and Canmore, C41 for spouses of skilled workers, C43 for graduates of Alberta institutions, A75 for workers waiting on AAIPand Express Entry decisions, C16 for French speakers taking hospitality and health jobs, and C12 for the energy and technology employers in Calgary moving staff from abroad. When none applies, the employer's route is an LMIA, and our hiring foreign workers guide sets out what that involves.
Compliance note. Wild Mountain Immigration is a licensed RCIC practice (CICC R706497). Exemption codes, fees and eligibility change; confirm the current rules on canada.ca before relying on any code. Nothing here guarantees a permit.
Frequently asked questions
What is an LMIA-exempt work permit?
A work permit issued under the International Mobility Program (IMP), where the employer does not need a Labour Market Impact Assessment from ESDC because the hire serves a broader Canadian interest recognised in law: a trade agreement, reciprocal exchange, significant benefit to Canada, a public policy, or a category such as spouses of skilled workers and bridging permits. Each exemption has a code, and the employer submits an offer of employment through the Employer Portal and pays a compliance fee instead of applying for an LMIA.
Which jobs are LMIA-exempt in Canada?
Exemptions attach to situations, not job titles. Common ones are intra-company transfers (C12), professionals and traders under CUSMA, CETA and other trade agreements (T-codes), International Experience Canada working holidays (C21), post-graduation work permits (C43), bridging open work permits (A75), spousal open work permits (C41 and C42), Francophone Mobility (C16), entrepreneurs and self-employed people whose work brings significant benefit (C11), and religious workers, academics and researchers under specific codes.
What is a C11 work permit?
C11 is the significant-benefit exemption for entrepreneurs and self-employed persons. It is used by people who own or will own at least 50 percent of a Canadian business and can show their work will create significant economic, social or cultural benefit, for example jobs for Canadians, and by provincial nominee candidates with business plans. It is temporary; it does not itself lead to PR, though many C11 holders later use a provincial entrepreneur stream.
What is dual intent?
Dual intent means applying for a temporary permit while also intending to become a permanent resident. It is expressly allowed by section 22(2) of the Immigration and Refugee Protection Act. An officer must be satisfied you will leave Canada at the end of the authorised stay if your PR application is not approved; a pending Express Entry profile or PNP application is not, on its own, a reason to refuse a work permit.
Does the employer pay anything for an LMIA-exempt permit?
Yes. The employer submits an offer of employment through IRCC's Employer Portal and pays the employer compliance fee of $230 per position before the worker applies. Employers of open work permit holders do not pay it. The worker then pays the work permit fee of $155, plus $100 for an open work permit holder fee where the permit is open.
Can I switch from an LMIA-based permit to an LMIA-exempt one?
Yes, if you fit an exemption: for example, an employer-specific LMIA permit holder whose PR application has been acknowledged can apply for a bridging open work permit, or a worker whose spouse holds a skilled work permit can apply for a spousal open work permit. Apply before the current permit expires to keep maintained status.
Are LMIA-exempt permits faster than LMIA permits?
Usually, because the LMIA step, which can take months, is removed. The work permit itself is processed on IRCC's normal timelines for your country and category. The trade-off is eligibility: exemptions are narrow and an officer will refuse a permit where the code does not genuinely fit.
Does LMIA-exempt work count toward permanent residence?
Yes. Skilled work on any valid work permit, LMIA-based or exempt, counts toward the Canadian Experience Class and provincial nominee programs, provided it was authorised and in a TEER 0 to 3 occupation. Arranged employment points in Express Entry, however, generally require an LMIA or a qualifying LMIA-exempt permit with at least one year with the employer.
Not sure whether an exemption fits?
A licensed RCIC checks the situation against every code before anyone pays for an LMIA, and files the permit under the right one.