EMPLOYERS
LMIA AND WORK PERMITS
For Canadian Employers
Many Canadian employers look to international talent to address labor shortages. In most cases, this process begins with obtaining an Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA confirms that hiring a foreign worker will not negatively affect the Canadian labor market and that no qualified Canadian citizen or permanent resident is available for the position.
Employers are responsible for the LMIA application and all related fees. This may include advertising the position for Canadian citizens and permanent residents, paying application fees, and providing evidence that no suitable candidate was found in Canada.
Once a positive LMIA is issued, you can give the foreign worker the confirmation letter and a job offer letter so they can proceed to the next stage.
For Foreign Workers
After receiving a positive LMIA and a valid job offer, the foreign worker applies for a Canadian work permit. While this step is generally the foreign national’s responsibility, many employers choose to assist with costs and documentation. The foreign worker must meet all eligibility requirements, which may include language proficiency, relevant work experience, and proof of funds.
LMIA-EXEMPT WORK PERMITS
Not all work permits require an LMIA. Certain categories and international agreements allow foreign nationals to work in Canada without undergoing this step. Below are a few common examples.
Intra-Company Transferee (ICT)
Overview
Intra-Company Transferee (ICT) work permits allow multinational corporations to transfer eligible employees to a Canadian branch, subsidiary, affiliate, or parent company without an LMIA. This arrangement enables quick access to key personnel who have executive, managerial, or specialized knowledge skills.
Who Can Apply
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Executives/Managers: Must oversee significant aspects of the company or manage other managers, professionals, or departments.
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Specialized Knowledge Workers: Must possess advanced expertise or proprietary knowledge of the company’s products, processes, or operations.
Basic Eligibility
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Employed by the foreign enterprise for at least one year (full-time) in the last three years in a similar role.
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A valid parent-subsidiary-branch-affiliate relationship between the foreign and Canadian entities.
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The role in Canada should provide significant benefits, such as boosting competitiveness or operational effectiveness.
Duration of Work Permit
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Executives/Managers: Up to 3 years initially; possible renewals to a maximum of 7 years.
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Specialized Knowledge Workers: Up to 3 years initially; possible renewals to a maximum of 5 years.
By using the ICT category, Canadian businesses can rapidly bring in skilled talent from their international network—bypassing the need for an LMIA.
Who Can Apply
French-speaking or bilingual individuals who wish to work in Canada outside Quebec in any occupation (TEER 0–5), except primary agriculture at TEER 4 or 5.
Why It is LMIA-Exempt
This program is designed to support and strengthen French-speaking communities across Canada, allowing employers to hire French-speaking talent without obtaining an LMIA.
Key Highlights
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French Proficiency: Applicants must demonstrate at least a Canadian Language Benchmark (CLB) level 5 in speaking and listening.
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Location: The job must be located outside Quebec.
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Employer Portal Submission: Employers submit the job offer through the Employer Portal and pay any required fees.
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Language of Work: The workplace language does not have to be French, as long as the applicant is French-speaking.
This LMIA-exempt pathway helps employers add French-speaking talent and bolster Francophone communities across Canada.
Francophone Mobility Work Permit
Post-Doctoral Fellows
(PhD Holders)
Overview
Foreign nationals who hold—or will soon hold—a PhD may qualify for an LMIA-exempt work permit as a post-doctoral fellow. This acknowledges the valuable research and academic contributions these professionals bring to Canada.
Who Can Apply
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PhD Awarded or Near Completion: Must have completed or be close to completing a doctoral program.
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Time-Limited Appointment: Must have a temporary position relevant to the doctoral studies (e.g., teaching, advanced research).
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Compensation: Must receive a salary or stipend.
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Selected for Excellence: Fellowships are typically awarded based on academic merit.
Work Permit Details
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Validity: Generally valid for the fellowship’s duration or until the applicant’s travel document expires.
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Occupation Code: For teaching positions at a university, this often falls under the University Professors and Lecturers category; otherwise, use the applicable specialized field.
By providing an LMIA-exempt pathway for post-doctoral fellows, Canada fosters advanced research and innovation, ensuring high-level scholarship continues to flourish.
Employers making a job offer in LMIA-exempt work permit categories, with limited exceptions, must fulfill specific obligations to ensure compliance with Canadian immigration regulations.
This includes submitting the job offer details through the Employer Portal and paying the required employer compliance fee. These steps are essential to support the issuance of the foreign worker's work permit and demonstrate adherence to the program requirements.
Employer Obligations for LMIA-Exempt Work Permits
How We Can Help?
Navigating the complexities of hiring foreign workers can be challenging for employers. Our team offers expert guidance to streamline the process, ensuring the immigration process is handled efficiently and in full compliance with Canadian immigration regulations.
We assist with:
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Preparing and submitting LMIA applications, including helping you meet advertising and documentation requirements.
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Understanding LMIA exemptions and identifying the best pathways for your hiring goals, such as Intra-Company Transferee or Francophone Mobility work permits.
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Ensuring Employer Portal compliance for LMIA-exempt work permits, including accurate job offer submissions and employer compliance fees.
By partnering with us, you can focus on growing your business while we handle the intricacies of immigration processes, helping you bring in the international talent your company needs. Contact us today to get started!