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Writer's pictureParisa Erfani

Certain Temporary Foreign Workers Can Secure Jobs in Canada Without an LMIA Due to International Agreements



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


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