LMIA-Exempt Work Permit
What is an LMIA exempt work permit?
An LMIA exempt work permit is a Canadian work permit that does not require the employer to obtain a Labour Market Impact Assessment from Employment and Social Development Canada. Instead of proving that no Canadian or permanent resident is available for the position, the application must fall under a specific exemption listed in the Immigration and Refugee Protection Regulations or an approved public policy.
Main LMIA exempt categories
I. Public policy and special programs
Certain LMIA exemptions exist under temporary public policies or special programs, such as open work permits for spouses or partners of skilled workers or students, post graduation work permits, bridging open work permits, CUAET, and humanitarian based exemptions. Each program has strict eligibility criteria and documentary requirements.
II. Intra company transferees
Intra company transferee work permits allow multinational companies to transfer executives, senior managers, or employees with specialized knowledge to a Canadian branch, subsidiary, or affiliate. The applicant must have worked for the foreign entity for at least one year and the Canadian and foreign companies must have a qualifying corporate relationship. .
III. Significant benefit work permits
A significant benefit work permit may be issued if the applicant’s work is expected to provide an important economic, cultural, or social benefit to Canada. This category is discretionary and evidence driven. Officers expect detailed proof of the applicant’s achievements, reputation, and the concrete benefit their work will bring to Canada. Generic claims almost always lead to refusal.
IV. International agreements
Work permits may be issued without an LMIA under international agreements such as CUSMA, CETA, CPTPP, and other trade agreements. These permits are usually limited to specific occupations, including professionals, intra company transferees, traders, and investors. Officers closely review whether the applicant meets the exact occupational and educational requirements listed in the agreement.
Employer specific vs open LMIA exempt permits
Some LMIA exempt permits are employer specific, meaning the applicant may only work for the employer listed on the permit. Others are open work permits, allowing work for most employers in Canada. Employer specific exemptions still require an offer of employment submitted through the IRCC employer portal and payment of the employer compliance fee.
What does IRCC assess in LMIA exempt cases?
IRCC assesses whether the claimed exemption actually applies, whether the job offer is genuine, whether the duties align with the National Occupational Classification, and whether the applicant is qualified. Officers also assess admissibility issues such as prior refusals, overstays, compliance history, criminality, and medical concerns.
Common reasons for refusal
LMIA exempt work permits are often refused due to reliance on the wrong exemption category, failure to meet the precise criteria of an international agreement, weak proof of specialized knowledge, insufficient evidence of significant benefit, inconsistencies between job duties and the claimed exemption, or credibility concerns based on immigration history.
Extensions and changes of employer
Many LMIA exempt work permits can be extended, but extensions are not automatic. Officers reassess eligibility and compliance at each extension. Changing employers may require a new application depending on the exemption category and whether the permit is open or employer specific.
LMIA exempt permits and permanent residence strategy
LMIA exempt work permits can support long term permanent residence strategies by allowing applicants to gain Canadian work experience or maintain legal status while pursuing Express Entry, a PNP, or family based pathways. The exemption category should be chosen with long term planning in mind.
Processing times
Processing times vary depending on the exemption category, country of residence, and whether the application is filed inside or outside Canada. Some categories are processed quickly, while others involve detailed officer review and longer timelines.
How much does LMIA exempt work permit representation cost?
Legal fees depend on the exemption category, complexity of the case, and whether employer coordination is required. Fees typically range from CAD 1,500 to CAD 2,500. Government fees are paid separately.
Our scope of services
Our services include identifying the correct LMIA exemption, assessing eligibility, reviewing employer and applicant documentation, preparing and reviewing all forms, drafting legal submissions where required, coordinating employer portal compliance, and advising on extensions, family member permits, and long term immigration strategy.
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