It is possible for foreign nationals who want to work temporarily in Canada to do so without LMIA under the Canadian interests category. Employers who want to hire foreign workers must first get an LMIA when there is a labor shortage in Canada. However, some foreign nationals may also work here without LMIA for economic and social-cultural reasons.
IMP’s Canadian interests category, which has four streams and is described below, is one way that Canada allows this to happen.
Stream 1: The role of public policy and competitiveness
Foreign nationals will be granted work permits under the competitiveness and public policy stream if their task requires restricted access to the Canadian labor market. As well as if they are required from a public policy standpoint for the sake of maintaining the competitiveness of the Canadian economy and academic institutions.
Among all of the work permit streams, this is the most popular and well-known non-LMIA (Labor Market Impact Assessment) program. There is a dispute over the PGWP program.
Under the PGWP (Post-Graduation Work permit), which falls under the Canadian interests category. International nationals are eligible to receive a three years work permit after completing an eligible course at a designated learning institution in Canada. If they are not already employed by a Canadian employer when they apply, they can choose any Canadian employer.
Through this scheme, the majority of non-LMIA work permits for Canada are awarded each year.
The problem of giving open work permits to common-laws and spouses of foreign nationals. Full-time students who have moved to Canada as skilled workers are one of the issues covered by the competitiveness and public policy stream.
Stream 2: Significant advantage
Working in Canada without an LMIA requires determining that one’s work contributes significantly to the country’s culture or society. As a result of this stream, foreign workers are granted work permits for performing tasks. These assist Canadian citizens and permanent residents, either by creating or maintaining social, cultural, or economic advantages. Also by opening up new opportunities for Canadians.
An individual who works in the same industry as a foreign national seeking a work visa is generally considered to be receiving a “significant advantage.” As part of its evaluation of an applicant’s capacity to contribute to Canada. Canada will also use the following impartial criteria, including the applicant’s previous accomplishments:
- Certificate or diploma from an institution relevant to the foreign national’s field of work, certifying their academic achievement.
- An employer’s testimony demonstrating the applicant’s ten years of experience in the field for which they wish to immigrate to Canada.
- If the applicant has received any awards or patents anywhere in the world, such information should be taken into account.
- A candidate must demonstrate that they are a part of an organization that values quality.
- The applicant’s experience judging other people’s work.
- Accolades received by the applicant from peers, government agencies, or business and professional organizations.
- Scientists or scholars who have contributed to the field of study should submit evidence of their contributions.
- A publication in an academic or industry journal authored by the applicant.
- It’s crucial to ascertain whether the applicant has experience in a leadership capacity inside a respectable company.
Entrepreneurs/Self-Employed
Owners of private businesses seeking to establish or run their companies in Canada. It is essential in this situation that the applicant be the sole shareholder. The principal shareholder of the Canadian company and demonstrate that the enterprise would have a substantial benefit for Canada.
Intra-Company Transfer
For employees of foreign subsidiaries, affiliates, or Canadian branches of foreign companies applying for work permits under the Intra-Company Transfer (ICT) program.
PNP Nominees as Entrepreneurs
Prospective nominees entering Canada as entrepreneurs who qualify for a Provincial Nominee Program (PNP).
Stream 3: Mutual employment
Foreign nationals without an LMIA can now work in Canada without an LMIA. Because the Canadian interests category is being made available to Canadians working overseas.
In order to strengthen ties between Canada and other countries, the reciprocal employment stream attempts to grant work permits to foreign nationals who work in Canada. Therefore, Canadian citizens and permanent residents will be able to find employment in other nations through this program.
Due to international agreements and programs for international exchange that benefit foreign nationals seeking employment in Canada. As well as Canadians born abroad who are employed abroad. Foreign nationals who seek employment in Canada can do so without obtaining an LMIA under this stream.
The NAFTA will be replaced by other international accords between CUSMA beginning in 2020. The existence of these agreements provides Canadians with reciprocal employment opportunities in other countries. Because of these accords, foreign workers are accepted into Canada at a rate. It has a positive effect on the nation, which eliminates the need for LMIAs for qualified foreigners.
A variety of international exchange programs exist to help Canadians prosper abroad. International Experience Canada (IEC) is a good example of this. IMP applicants from nations that maintain functional relations with Canada do not need an LMIA in such cases
Stream 4: Employees of charities and religious organizations
As a final offer, Canadians with work permits who intend to perform tasks “of a religious or charitable nature”. They can work without an LMIA under the charity and religious worker’s stream.
For these purposes, the following are considered philanthropic and religious work in Canada.
In the context of charitable work, it includes any activity that benefits the community in some way by reducing poverty, increasing education, or improving the quality of life.
Canada’s view of charitable work can be summarized as follows:
- A registered charity with the Canada Revenue Agency (CRA) is recognized as the most credible organization in terms of being truly charitable.
- A work permit is not required for volunteers working for charities.
- LMIA exemptions for charitable workers still apply, however, work permits are required.
Typically, religious works require the foreign national candidate to “be a member of the religion of the place of employment. As well as share its beliefs, or to be capable of teaching or teaching other religions” Which is known as “religious work.”
Note: The applicant’s work must demonstrate how they are pursuing a particular religious goal. For example, advancing their particular faith or imparting religious knowledge.
