The IMP programs allows employers to hire foreign workers without an LMIA however, they must satisfy the following:
- Hiring this foreign worker broadens economic, cultural or competitive advantage for Canada and;
- Will have reciprocal benefits enjoyed by Canadians and permanent residents.
When issuing a work permit:
Canadian interests /Significant benefit
In considering Labour Market Impact Assessment’s (LMIA) exemptions before issuing a work permit, officers should keep in mind the general principle: authorizing a foreign national to work in Canada has an impact on the Canadian labour market and economy. Officers should bear in mind that their decision should render a positive or neutral impact to the Canadian labour market. Most exemptions from the need for a positive ESDC’s LMIA are very specific and clearly defined such as the policy for spouses of some foreign workers and students, or the regulations regarding issuance of work permits for refugee claimants, or regarding international agreements.
There exist special circumstances where an officer may respond with flexibility to certain situations if, by a balance of practical considerations, it would render social, cultural or economic benefits to Canada to issuing the work permit. However, it is imperative that this authority not be used for the sake of convenience, nor in any other manner that would undermine or try to circumvent the importance of the LMIA in the work permit process.
Officers should look at the social and cultural benefit of authorizing entry to Canada for persons of international renown, examining whether a person’s presence in Canada is crucial to a high-profile event, and whether circumstances have created urgency to the person’s entry.
Assessing significant social or cultural benefit
The foreign national’s proposed benefit must be significant, meaning it must be important or notable. Officers should rely heavily on objective evidence.
Objective measures for “significant social or cultural benefit”:
- 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.
As of June 1, 2016, foreign nationals who have been recruited through a Francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible for an exemption from an LMIA. Entry of these workers are encouraged by the development and promotion of French outside Quebec.
- submit an offer of Employment
- Offer of employer does NOT have to require French language ability
Foreign National requirements:
- is destined to work in a province or territory outside of Quebec;
- has been recruited through a Francophone immigration promotional event coordinated between the federal government and Francophone minority communities; and
- is qualified to work under NOC 0, A or B.
- habitual language is French, which is demonstrated and proven at an advanced intermediate level or above (CLB 7)
Note: Initial work permit applications must be submitted online or via a visa application centre overseas.
International Experience Canada
International Experience Canada consists of 32 agreements with partner countries that allow youth to live and work abroad for up to two years without meeting labour market. The quota for this “exchange” varies every year per country (Canadians to other countries and vise versa).
- Working Holiday
- Young Professionals
- International Co-op Internships
Applicants who are accepted into the pool under one of the three categories are invited to apply and must apply for a work permit.
Persons authorized to work in Canada under the NAFTA or other Free trade agreements are considered intercompany transferees. Exemptions for intra-company transferees are also explicitly stated in some trade agreements that Canada is a party to.
Applicants are defined as having “specialized knowledge” and officers will compare an applicant’s intended salary to the prevailing Canadian wage for that job to ensure that the applicant is truly specialized and highly skilled in his or her respective field. New guidelines state these types of workers cannot receive training in Canada that would result in the displacement of Canadian workers. Some may be candidates to apply for permanent residence in Canada. These provisions will continue to greatly benefit Canadian companies with operations abroad, allowing them to compete globally and to provide jobs in Canada.