Significant Changes To LMIA-Exempt Work Permits
In 2024, the Canadian federal government made significant changes to LMIA-exempt work permits.
Today, we will review the most significant changes impacting foreign nationals seeking to work in Canada, except under the Labor Market Impact Assessment-based Temporary Foreign Worker Program (TFWP) & the Post-Graduation Work Permit (PGWP).
The changes were as follows:
| Change | Summary Of Changes | Effective Date For The Changes |
| Mexicans no longer TRV exempt | Mexicans require visas in order to enter Canada and must meet tightened requirements for eTAs | February 29, 2024 |
| Removal of eligibility for SOWPs for spouses of some students | Spouses of students in college programs and university bachelor’s programs no longer eligible for SOWPs | March 19, 2024 |
| New IMP work permit for Global Hypergrowth Project | Creation of a new closed, LMIA-exempt work permit for employees of certain companies | April 15, 2024 |
| New work permit for PNP nominee applicants | Some PNP applicants can receive open work permits | August 11, 2024 |
| End of temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic | Revocation of measures that allowed eligible foreign nationals with valid expired visitor status to apply for job-offer supported work permits and to work while their application is pending | August 28, 2024 |
| Updated instructions regarding ICTs under the IMP | To qualify for a work permit as an ICT, the foreign national must be an employee of a multinational corporation, and must have specialized knowledge | October 3, 2024 |
| Extension of TR to PR temporary public policy | Policy has been extended allowing applicants to receive open work permits | December 17, 2024 |
| Ban on flagpoling | Temporary residents within Canada can no longer obtain same-day service for immigration applications at ports of entry | December 23, 2024 |
| Targets for net new IMP work permits | For the years 2025 through to 2027, there have been established target numbers for the issuance of net new work permits under the IMP | 2025 |
| Restricting eligibility for SOWPs – spouses of some students, temporary workers | Spouses of students in master’s programs less than 16 months in duration will no longer be eligible. Spouses of temporary workers only to be eligible for workers in certain occupations and sectors | January 21, 2025 |
Mexican National No Longer TRV Exempt
As of February 29, 2024, Mexican nationals are no longer exempt from requiring a temporary resident visa to enter Canada. There are also tightened requirements for them to be eligible for electronic travel authorization (eTA).
Before this change, Mexican nationals were TRV exempt, thus allowing them to apply for some work permits at Canadian ports of entry.
Under the new rules, Mexican nationals can no longer apply for work permits at Canadian ports of entry. They also need visas in order to enter Canada, unless they qualify for ETAs under the new, tightened eTA requirements.
To qualify for an eTA now, Mexican nationals should meet all the following requirements:
- Be transiting through a Canadian airport to another destination or be flying into Canada
- Be coming to Canada for a temporary stay
- Either hold a valid US non-immigrant visa or have held a Canadian visitor visa in the last ten years
The Canadian government implemented this change in response to a rise in asylum claims from Mexican nationals in 2023.
Removal Of Eligibility For SOWPs For Spouses Of Undergraduate And College Students
Another one of the significant changes to LMIA-exempt work permits is the removal of eligibility for SOWPs for spouses of undergraduate and college students.
This change took effect on March 19, 2024.
Spouses of university master’s students, as well as doctoral students, remained eligible for SOWPs after this change.
IRCC also made exceptions for certain university vocational programs. Spouses of students enrolled in following programs would also remain eligible for SOWPs:
- Doctor of Dental Surgery (DDS, DMD)
- Bachelor of Law or Juris Doctor (LLB, JD, BCL)
- Doctor of Medicine (MD)
- Doctor of Optometry (OD)
- Pharmacy (PharmD, BS, BSc, BPharm)
- Doctor of Veterinary Medicine (DVM)
- Bachelor of Science in Nursing (BScN, BSN, BNSc)
- Bachelor of Education (B. Ed.)
- Bachelor of Engineering (B. Eng., BE, BASc)
On September 18, 2024, IRCC went on to announce further pending restrictions on SOWP eligibility, but the changes announced in September have not been implemented as of January 10, 2025.
New IMP Work Permit For Global Hypergrowth Project
On April 15, 2024, IRCC introduced a new employer-specific LMIA-exempt work permit under the Innovation Stream Pilot.
This work permit can be issued for up to five years.
To qualify for this work permit, a foreign national should have a job offer in a high-skilled profession from an employer participating in the Global Hypergrowth Project:
- Ada Support Inc.
- AlayaCare
- Clio
- CellCarta
- Lightspeed Commerce
- Vive Crop Protection
- Clarius Mobile Health
- Duchesnay Pharmaceutical Group
Foreign nationals with professions in NOC TEER 0 or 1 might be eligible for faster processing of their work permit applications under this stream.
The Innovation Stream is set to be in place until March 22, 2026.
New Work Permit For PNP Nominee Applicants
Another one of the significant changes to LMIA-exempt work permit is that there is a new work permit for PNP nominee applicants.
Effective August 11, 2024, IRCC introduced a new temporary public policy under which foreign nationals could apply for open work permits.
To qualify, a foreign national had to:
- Have a support letter from the province or territory for which they are a nominee applicant
- Have a letter of employment from their current employer
- Fall into one of the following three situations:
- One: hold a valid work permit and have submitted an application for a new work permit.
- Two: Have held a valid work permit on May 7, 2024, which has since expired, and have submitted an application for a new work permit, and an application for an extension of their authorization to remain in Canada as a temporary resident, or restoration of their temporary resident status.
- Three: Have been authorized to work on May 7, 2024, and have a pending or approved work permit extension application, and have submitted an application for a new work permit, and an application for an extension of their authorization to remain in Canada as a temporary resident.
IRCC implemented this policy to allow foreign nationals to continue to have legal authorization to work in Canada while being considered as Provincial Nominee Program applicants.
Alberta, Manitoba, & Yukon moved forward with implementations under this policy.
This temporary public policy expired on December 31, 2024.
End Of Temporary Public Policy To Exempt Certain Visitors In Canada From Immigration Requirements During The COVID-19 Pandemic
IRCC ended this temporary policy on August 28, 2024.
While this temporary policy was in force, it had allowed foreign nationals to submit job offer supported work permit applications from within Canada, provided that they:
- Were in Canada with valid temporary resident status
- Were in Canada when the policy took effect and have since remained in Canada
- Held a valid work permit 12 months prior to having submitted their application.
Provided a foreign nationals met all these conditions, they would:
- Not be required to meet certain requirements normally needed for being allowed to apply for a work permit from within Canada;
- Be exempt from the requirement that they not have worked in Canada without legal authorization; and
- Be legally authorized to work while a decision was pending on their application.
This was a pandemic-era measure intended to serve two purposes:
- To allow visitors stranded in Canada due to the pandemic to work to support themselves; and
- To provide additional workers to fill gaps in the Canadian labour market during the pandemic.
Before the announcement ending this policy in August, the policy had been set to expire on February 28, 2025.
IRCC established set end dates for temporary public policies when the policies were first established while retaining the power to end those policies at any time without prior notice.
Updated Instructions Regarding ICTs Under The IMP
On October 3, IRCC updated its instructions to officers regarding work permits issued to intra-company transferees under the International Mobility Program.
These changes made it more difficult for foreign nationals to qualify for ICT work permits. The major changes were:
- Guidance to officers on the requirement to ensure that the foreign enterprise qualifies as an existing multinational corporation
- Clarification on the definition of ‘specialized knowledge’, how to assess whether an applicant has specialized knowledge and whether a position requires specialized knowledge
The guidance to officers also reinforced that ICTs are not meant to be used as a means to transfer an enterprise’s general work force to affiliated entities in Canada.
Extension Of TR To PR Temporary Public Policy
As we talk about the significant changes to LMIA-exempt work permits, another change is the extension of TR to PR temporary public policy.
On December 17, 2024, IRCC extended the temporary public policy, allowing for open work permits to be issued to applicants applying for permanent residence under the temporary resident to the permanent resident pathway.
The TR to PR pathway was a limited-time pathway to permanent residence, which closed on November 5, 2021.
The temporary public policy now extends to foreign nationals, with officials still processing applications under the TR to PR pathway.
Eligible foreign nationals can apply for this open work permit if they have a valid work permit expiring if they have a valid work permit expiring in four months or less and meet the other requirements. The family members might also be eligible to apply for open work permits.
This temporary public policy has been extended until December 31, 2026. IRCC might revoke the policy at any time without notice.
Ban On Flagpoling
Flagpoling is the term for temporary residents leaving Canada at a port of entry and then immediately seeking re-entry into Canada in order to gain same-day processing of an immigration application, such as a work permit application or extension.
Immigration Minister Marc Miller declared this ban on December 17, 2024, and the ban took effect on December 23, 2024.
Prior to the ban, flagpole was a legal and accepted practice available to foreign nationals within Canada.
There are various exceptions to this ban on flagpole:
- Citizens and lawful permanent residents of the United States
- Professionals and technicians under free trade agreements with the US, Mexico, Chile, Panama, Peru, Colombia, and South Korea
- Spouses off professionals and technicians under free trade agreements with Panama, Colombia, and South Korea
- International truck drivers holding work permits, when required to depart Canada for work, who held maintained status on account of having applied for renewal prior to departing
- People who have existing appointments booked with CBSA
Foreign nationals who do not qualify for an exception can no longer flagpole – they will have to apply from within Canada and wait for processing.
On June 21, 2024, IRCC had banned flagpoling for PGWP applicants.
Targets For Net New IMP Work Permits
On October 24, 2024, IRCC released its annual Immigration Levels Plan – the first to include targets for net new temporary residents.
IRCC established the following targets for net new IMP work permits:
| Year | 2025 | 2026 | 2027 |
| Target | 285,750 | 128,700 | 155,700 |
These targets are for the issuance of net new work permits under the IMP, so do not include renewals or extensions of IMP work permits for foreign nationals already in Canada.
The establishment of targets for temporary resident levels and the planned reduction of net new work permits issued under the IMP align with IRCC’s objective to reduce the number of temporary residents as a percentage of Canada’s overall population.
IRCC intends to reduce this percentage from 2024 levels of 7% to 5% by 2026.
Restricting Eligibility For SOWPs
Another one of the significant changes to LMIA-exempt work permits is restriction of eligibility for SOWPs.
On September 18, 2024, Immigration Minister Marc Miller declared the government’s intention to further restrict eligibility for SOWPs in the near future.
On January 14, 2025, the government declared that the new restrictions on eligibility for SOWPs will take effect on January 21, 2025.
- Doctoral programs
- Certain vocational programs
- Master’s programs of at least 16 months in length
Prior to this change, a student’s master’s program did not need to be at least 16 months in length for their spouse to be eligible for a SOWP.
Eligibility will only extend to foreign workers’ spouses employed in:
- TEER 0 Professions
- TEER 1 Professions
- Select TEER 2 & 3 Professions
The government will release a complete list of select professions on January 21.
The foreign worker should also have a minimum of 16 months remaining on their work permit at the time that their spouse applies for the SOWP.
Prior to this change, eligibility for a SOWP was not dependent on the spouse’s profession. Moreover, the dependent children of foreign workers were also eligible for open work permits.
These new limitations in eligibility do not apply to spouses of workers covered by free trade agreements, or to spouses of workers transitioning to permanent residence.
Major Changes To TFWP And PGWP Work Permits In 2024
The above changes align with the federal government’s policy trajectory of tightening immigration throughout 2024.
Major changes to TFWP & PGWP included:
- Introducing targets for temporary residents in the annual Immigration Levels Plan
- Introducing field of study requirements for PGWP eligibility for graduates from programs other than university bachelor’s, master’s, and doctoral programs
- Introducing language test requirements for PGWP eligibility
- Increasing the wage requirements for the high-wage stream of the TFWP
- Freezing processing of LMIA’s for the low-wage stream of the TFWP in census metropolitan areas with an unemployment rate of 6% or higher
If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].
