Work permits for foreign nationals in Canada fall into two categories: those that require a Labour Market Impact Assessment (LMIA) and those that do not.
An LMIA is a document that certain Canadian employers must obtain from Employment and Social Development Canada (ESDC) before hiring a temporary foreign worker (TFW). It demonstrates that employing a TFW will have a positive or neutral effect—rather than a negative one—on the Canadian labor market.
Depending on their needs, Canadian employers can sometimes hire temporary foreign workers (TFWs) without requiring a Labour Market Impact Assessment (LMIA) due to various international agreements.
Occupation: Traders
Canadian employers can hire foreign nationals as traders without an LMIA if they are from the following countries:
- United States
- Mexico
- Colombia
- Chile
- South Korea
- Peru
This exemption is made possible by several international agreements, including the Canada-United States-Mexico Agreement (CUSMA). Under CUSMA, U.S. citizens can work in Canada without a Temporary Resident Visa (TRV). However, Mexican citizens must obtain a TRV unless they meet all the following criteria, as specified by Immigration, Refugees and Citizenship Canada (IRCC):
1. Enter Canada by air or transit to another destination
2. Come for a short-term visit (typically up to six months)
3. Have either:
- Held a Canadian visitor, work, or student visa in the past 10 years, or
- Held a valid U.S. non-immigrant visa at the time of their application and travel
A trader is defined as someone who intends to engage in substantial trade of goods or services between Canada and their home country, in line with CUSMA definitions.
Occupation: Investors
For investors, Canadian employers can hire without an LMIA if the TFW is from one of these nine countries or regions:
- United States
- Mexico
- Colombia
- Chile
- South Korea
- Peru
- European Union (under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA))
- United Kingdom
- Certain Trans-Pacific countries (under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP))
Note: The six CPTPP member countries are Canada, Australia, Japan, Mexico, New Zealand, and Singapore.
An investor is generally defined as someone who has substantially invested in a Canadian business and is coming to Canada to develop and manage that business, as per most Free Trade Agreements (FTAs) with Canada.
Occupation: Professionals
TFWs from the following countries can be hired without an LMIA if they qualify as professionals:
- United States
- Mexico
- Colombia
- Chile
- Panama
- Peru
- GATS (General Agreement on Trade in Services) Member Nations
- Certain Trans-Pacific countries (under the CPTPP)
The definition of a "professional" varies by FTA. Under CUSMA, a professional is someone with pre-arranged employment in Canada or a service contract with a Canadian company, working in a profession that matches their qualifications.
Intra-Company Transfers
Intra-Company Transfers (ICTs) allow employees of foreign companies to work temporarily in Canada for a branch, subsidiary, or affiliate. ICT work permits are available to all countries, but specific FTAs include country-specific provisions:
- Executives or Senior Managers: United Kingdom, CPTPP Member Nations, CETA Member Nations, Peru, South Korea, Chile, Colombia, United States, Mexico
- Specialized Knowledge: United Kingdom, CPTPP Member Nations, CETA Member Nations, Peru, South Korea, Chile, Colombia, United States, Mexico
- Management Trainees: United Kingdom, CPTPP Member Nations, Peru, South Korea, Colombia
- Graduate Trainees: CETA Member Nations
Other Foreign Nationals Eligible Without an LMIA
Certain international agreements permit Canadian employers to hire foreign nationals from specific countries without an LMIA under other conditions:
- By Occupation:
- Unique Work Situations:
- Airline personnel (operational, technical, and ground)
- Government personnel from the United States
- Technicians:
- Colombia
- Panama
- Peru
- CPTPP Member Nations
- By Relationship Status:
- Spouses:
- Colombia
- South Korea
- CPTPP Member Nations
- European Union (CETA) – Spouses of ICTs
- United Kingdom – Spouses of ICTs
- By Country/Agreement:
- South Korea:
- Contract service suppliers or independent professionals
- European Union (CETA):
- Contractual service suppliers
- Engineering and scientific technologists
- Independent professionals
- United Kingdom:
- Independent professionals
- Contractual service suppliers
- Engineering and scientific technologists
Comments