JOBS EXEMPT FROM THE LMIA

1. OPEN WORK PERMIT

An Open Work Permit (OWP) allows a foreigner to work in ANY job in Canada without restrictions. An OWP holder is not required to obtain an LMIA or employment confirmation initially. Once an OWP is awarded, the holder is free to apply for and work in any job or occupation in Canada.

Foreigners who qualify for an Open Work permit include:

• Spouse/common-law partner being sponsored for Permanent Residence through an Inland Spousal Application
• Spouse/common-law partner of a Temporary Foreign Worker
• Spouse/common-law partners of International Students in Canada
• International Students who recently graduated from a Canadian post-secondary institution and are eligible for the Post-Graduation Work Permit Program(PGWPP) can apply for a Post-Graduation Open Work Permit
• International Experience Canada (IEC) Candidates (Working Holiday)

Inland Sponsorship

Spouses and common-law partners sponsored under the Family Class's Inland Spousal/Common-Law Partner Sponsorship Category may be granted an open work visa while their application for permanent residence is being handled. This allows the spouse/common-law partner to work in any employment while the application for permanent residency is being handled.

Spouse/Common-law of Temporary Foreign Worker

The spouse or common-law partner of a foreign temporary worker must show that:

• The principal temporary foreign worker is employed in Canada at a management level, in a professional occupation, or as a technical or skilled tradesperson. In other words, the primary temporary foreign worker's job must have a skill level of 0, A, or B, according to the National Occupational Classification (NOC). This skill level criterion does not apply to major temporary foreign employees selected by a province for permanent residence (provincial nominees).
• The primary temporary foreign worker is allowed to work in Canada for at least six months.

Spouse/Common-law partner of Foreign Student

To be eligible for an Open Work Permit, a foreign student's spouse or common-law partner cannot be full-time students themselves and must establish that:

• The foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; or
• The international student has completed his or her education and has a valid work visa for a job linked to his or her studies.

Open Work Permits for spouses and common-law partners are typically issued with a validity date that corresponds to the period of time that their spouse is permitted to work or study in Canada, as the case may be.

International Graduates

Graduated international students must complete the conditions of the Post-Graduation Work Permit Program in order to be eligible for an open work permit.

International Experience Canada

Candidates for the International Experience Canada (IEC) Working Holiday category can also apply for open work visas.

OTHER LMIA EXEMPT WORK PERMITS

Closed LMIA-exempt work permits allow a foreign national to work in a specified role for a certain employer without the requirement of a positive LMIA. Whether or not a closed work permit is LMIA-exempt is usually determined by the nature of the job.

Significant Benefit

This exception is available if your employer can demonstrate that you will provide significant social, cultural, or economic benefit to Canada. As an example:

• Workers in technology, creative and performing artists, self-employed engineers, and so on.
• Intra-company transferees with specific knowledge who, via their professional skills and experience, will contribute to the Canadian economy
• Employees of Mobilité Francophone

Reciprocal Employment

This exception allows foreign employees to work in select industries in Canada where Canadians have similar options in other nations. As an example:

• Athletes and coaches from throughout the world who work with Canadian teams
• Participants in exchange programs include professors, guest lecturers, and students.

Entrepreneurs & Self-Employed

To be given an LMIA exemption, foreign nationals who desire to work for themselves or manage their own business temporarily in Canada must demonstrate that their enterprise will produce significant economic, social, or cultural advantages for Canadian citizens or permanent residents.

Intra-Company Transferees

Employees from international companies can be temporarily transferred to a Canadian branch without the need for an LMIA.

French-Speaking Skilled Workers

French-speaking skilled professionals with a legitimate job offer in a province or territory other than Quebec may be excluded from the LMIA requirement.

International Trade Agreements

Some international Free Trade Agreements (FTAs) have provisions that make it simpler for business people to work temporarily in the nations that have signed them. While foreign workers covered by an applicable FTA are still need to get a closed work permit, they are exempt from the LMIA requirement. Examples include the North American Free Trade Agreement (NAFTA), the General Agreement on Trade in Services (GATS), and the Comprehensive Economic and Trade Agreement (CETA).

International Youth Exchange Programs

Canada also participates in international youth exchange programs, which allow young people to travel and work in Canada without the need for an LMIA. For example, the Young Professionals category of International Experience Canada is for persons who have a job offer in Canada that will help them advance professionally.

Minister-Designated Exemptions

This exception applies in certain circumstances and is granted at the discretion of the Minister of Immigration.

• Academics, researchers, guest speakers, and visiting professors, for example, who are funded by a recognised federal program.
• Medical residents and fellows, as well as recipients of academic honours from Canadian universities

Please contact us if you believe you qualify for any of the aforementioned categories.