Temporary foreign workers can now get a job without an LMIA. Work permits given to foreign nationals in Canada can be broken down into two categories: those that require a Labor Market Impact Assessment and those that do not. 

An LMIA is a document that some Canadian employers must obtain from ESDC before they hire a temporary foreign worker. This document proves that hiring a TFW will only have a positive or neutral – that is, not negative – impact on the Canadian labor market. 

Depending primarily on the positions they need to fill, Canada’s many international arrangements and agreements allow some employers to hire without an LMIA for TFWs from specific nations. 

Profession: Traders 

Temporary foreign workers can now get a job without an LMIA. Canadian employers recruiting foreign nationals who work as traders can do so without an LMIA if the TFW is from any of the following six countries: 

  • Chile
  • South Korea
  • Peru
  • Mexico
  • Columbia
  • United States 

This is possible because of numerous international agreements Canada has with the above countries, such as CUSMA. 

CUSMA, a replacement for the North American Free Trade Agreement, enables American citizens to work in Canada without having to get a Temporary Resident Visa. Meanwhile, due to recent legislative changes, Mexican citizens looking to work in Canada must obtain a TRV as well unless they meet all three of the criteria below, as highlighted by IRCC.   

In order to enter without a TRV, Mexican nationals should: 

  • Enter Canada by air or by flying to Canada to transit to another to another destination  
  • Be coming to Canada for a short-term visit 
  • Have previously wither: 
  • Held a Canadian visitor, work, or student visa in the last ten years. 
  • Held a valid United States non-immigrant visa at the time of their application and travel 

Who Qualifies As A Trader? 

Usually, all of the above nations must follow similar definitions as CUSMA regarding how they define someone working as a trader. A trader is someone who intends to ‘engage in substantial trade of goods/ services between Canada and their country of citizenship.’ 

Profession: Investors 

If the TFW is an investor from any of these nine countries, Canadian employers can hire them without an LMIA: 

  • United States 
  • Mexico
  • Colombia
  • Chile
  • Peru
  • South Korea 
  • European Union  
  • United Kingdom 
  • Some Trans-Pacific Nations – as part of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership 

Note: The six nations presently involved with the CPTPP are Canada, Australia, Mexico, New Zealand, Singapore, and Japan. 

Who Qualifies As An Investor? 

The general definition of an investor is shared among the nations that have a Free Trade Agreement with Canada. Accordingly, an investor is generally defined as someone who can ‘showcase that they have substantially invested in a Canadian business and that they are coming to Canada to develop and direct this business.’ 

Occupation: Professionals 

A Canadian employer can hire temporary foreign workers from any of the following nations without an LMIA if they qualify as a professional: 

  • Mexico
  • Columbia
  • Panama
  • Peru
  • Chile
  • United States 
  • GATS Member Nations
  • Some Trans-Pacific countries, as a result of CPTPP 

What Is A Professional? 

Each of Canada’s FTAs is defined as a ‘professional’ differently.

According to CUSMA, a professional is someone who either has ‘pre-arranged employment in Canada or a service contract with a Canadian company’ to perform work ‘in a profession that corresponds to their professional qualifications and with one of the eligible CUSMA professionals.’ 

Intra-Company Transfers 

Intra-company transfers are employees of foreign companies who are being transferred to work temporarily in Canada for a branch, subsidiary, or affiliate of their employer. 

Although ICT work permits are open to all countries, certain FTAs contain country-specific ICT 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 For Work In Canada Without An LMIA  

Temporary foreign workers can now get a job without an LMIA. There are other situations where international agreements allow Canadian employers to recruit certain foreign nationals from specific nations without an LMIA. 

By occupation: Unique work situations

  • Airline personnel (operational, technical, and ground)
  • Government personnel from the United States

By occupation: Technicians

  • Colombia
  • Panama
  • Peru
  • CPTPP Member Nations

Relationship status: Spouses

  • Colombia
  • South Korea
  • CPTPP Member Nations
  • European Union (CETA) – Spouses of ICTs
  • United Kingdom – Spouses of ICTs

By country/agreement: Other

South Korea

  • Contract service suppliers or independent professionals

European Union: CETA

  • Contractual service suppliers
  • Engineering technologists and Scientific technologists
  • Independent professionals

United Kingdom

  • Independent professionals
  • Contractual service suppliers
  • Engineering technologists and Scientific technologists

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].