LMIA Exemptions

In regular circumstances, LMIA authorization is needed to get a work permit. But there are some selected cases, where the need for LMIA is discarded.

In those cases, the employer can straight ask for a work permit without going through the formalities of LMIA. Work permits obtained this way are regarded as LMIA exempt work permits. 

Classifications of LMIA exemptions:

 
There are two categories of LMIA free work permits. Those are- 

• • Open Work Permit: LMIA and job proposal both are unneeded. This type of work permit lets international employees join any company that is eligible for this program.
  • Employer Specific Work Permit: this type of work permit doesn’t need LMIA authorization. But a job proposal is compulsory. Workers will only be able to work for a particular company.

List of LMIA excluded programs:

• FTA: Merchant, financer, a transferred employee under the intra-company system, specialists, the marital partner from Korea or Colombia are able to get LMIA free work permit under this program.
• GATS: Transferred employees under intra-company system and professionals can get LMIA excluded work permit.
• CPTPP: Financers, professionals, marital partners, and transferred workers of the intra-company programs are included here.

• CETA: People under this program are contract-based service providers, financers, a transferred employee of intra-company, etc.

• Provincial programs: The candidates of the Atlantic Immigration Pilot Program can get a work permit without LMIA.
• Canadian Benefits: Anything that interests and benefits Canada in a unique way is part of this section. Emergencies, entrepreneurs, exceptional job circumstances, etc. are included here.
• Mutual employment: If the govt. gets employment opportunities for the Canadians in other countries and provides Canadian job opportunities to non-Canadians in exchange, then it will be called mutual employment. LMIA is not needed for this kind of employment program.

• Canada International Agreements: Airline staff, the US govt. workers and workers under the Non-trade section fall under this program.

• Others: Some other cases of LMIA exemptions are vulnerable workers, researchers, religion-based workers, charity workers, refugees, insolvent students, etc.