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With or Without a Work Permit?
When a foreign national wishes to move to Canada and work there, they are of course required to obtain a variety of formal approvals that will allow them to work legally in Canada and later, also obtain permanent resident status, subject to certain conditions. The processes mentioned in this article relate to immigration opportunities to Canada based on a special invitation from Canadian employers to come and work in Canada on behalf of the company or organization seeking to approve that person as a full-fledged Canadian worker.
LMIA – Labour Market Impact Assessment
LMIA (Labour Market Impact Assessment) is a process required for foreign workers who wish to work in Canada. It is an assessment conducted by the Government of Canada to determine if there is a need for a foreign worker for a specific job and if there are no Canadian workers who can fill the position.
As detailed in our article on LMIA approval, this is a document issued by the Canadian employer who wishes to hire a worker who is a foreign national and not yet a Canadian citizen. The LMIA approval serves as a preferred entry ticket for those who possess professional skills and abilities that match the positions offered by specific employers who operate a company or factory in Canada. However, there are also other cases where those who want to work in Canada are exempt from obtaining an LMIA, and the associated process.
The LMIA process involves several steps:
Application Submission: The Canadian employer needs to submit an LMIA application to the Canadian Department of Employment and Social Development Canada (ESDC). The application must include information about the job, working conditions, and whether the employer tried to recruit Canadian workers beforehand.
Assessment: ESDC assesses the application based on various criteria, including the state of the labor market and whether the employer offers fair terms.
Decision: After the assessment, ESDC will issue a decision on whether to approve the LMIA or not. If the application is approved, the employer will receive an approval letter.
Work Permit Application: The foreign worker can use the LMIA letter to apply for a work permit in Canada.
Who is Exempt from LMIA Approval?
In certain cases, those Canadian employers who want to hire workers who are not Canadian citizens are not required to obtain a Labour Market Impact Assessment. Why? Because there are exceptions that reflect the shared interest of the Government of Canada with international trade agreements, which ease the process of being accepted for work in Canada and exempt employers from the requirements stipulated in immigration laws regarding LMIA approvals. In addition, there are cases where Canada’s federal needs align with the needs of the Canadian provinces in terms of requirements for workers in specific fields, a fact that exempts foreign nationals from obtaining a Labour Market Impact Assessment for Canada.
Want to know if you fall into the category of those exempt from LMIA approval?
Interested in professional and comprehensive advice for the preliminary process for working in Canada? We at UCI will be happy to help.
