Temporary Foreign Workers Who Can Work in Canada Without LMIAs
Temporary foreign workers are no longer required to obtain LMIAs from employers. The work permits available to foreign nationals in Canada can be divided into two categories: those requiring a Labour Market Impact Assessment and those that do not.
Obtaining an LMIA is a requirement for certain Canadian employers who wish to hire temporary foreign workers, as it is a document they must receive from ESDC. This document provides evidence that hiring a Temporary Foreign Worker (TFW) will have a beneficial or neutral effect on the Canadian labour market, without any negative consequences.
Canada’s numerous international arrangements and agreements allow certain employers to hire foreign workers from specific countries without the need for an LMIA, depending on the positions they need to fill.
Occupation: Traders
Temporary foreign workers are no longer required to obtain LMIAs from employers. Canadian employers have the opportunity to recruit foreign nationals who work as traders without the need for an LMIA, provided that the TFW is from any of the six countries listed below:
- Chile
- South Korea
- Peru
- Mexico
- Columbia
- USA
Canada has various international agreements with the above countries, such as CUSMA, which allows for this possibility.
The CUSMA agreement, which replaces the North American Free Trade Agreement, grants American citizens the opportunity to work in Canada without the need for a Temporary Resident Visa. Due to recent legislative changes, Mexican citizens who wish to work in Canada are now required to obtain a TRV, unless they meet all three criteria specified by IRCC.
Mexican nationals must meet certain requirements to enter without a TRV:
- Arrive in Canada by air or fly to Canada for a layover before continuing to another destination.
- Will be visiting Canada for a short period of time.
- Have previously wither:
- If you have held a Canadian visitor, work, or student visa in the last ten years.
- Had a valid non-immigrant visa for the United States during their application and travel.
What are the qualifications for being considered a trader?
Typically, all of the aforementioned nations should adhere to similar definitions as CUSMA when it comes to defining someone working as a trader. A trader is someone who wishes to participate in significant trade of goods and services between Canada and their country of citizenship.
Occupation: Investors
Canadian employers can recruit investors from any of these nine countries without an LMIA if they meet the TFW criteria.
- USA
- Mexico
- Colombia
- Chile
- Peru
- South Korea
- European Union
- The United Kingdom
- Several countries in the Trans-Pacific region are involved in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
Just a reminder: The CPTPP currently includes six nations – Canada, Australia, Mexico, New Zealand, Singapore, and Japan.
Who is considered eligible to be classified as an investor?
Investor is a term that is commonly understood and used by countries that have a Free Trade Agreement with Canada. Typically, an investor is described as an individual who can demonstrate that they have made a significant investment in a Canadian business and intends to come to Canada to oversee its development and management.
Occupation: Skilled individuals in their respective fields (Professionals)
Temporary foreign workers from certain nations can be hired by Canadian employers without an LMIA if they meet the professional qualifications.
- Mexico
- Columbia
- Panama
- Peru
- Chile
- USA
- Countries that are members of GATS
Several countries in the Trans-Pacific region have been impacted by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
What Defines a Professional?
The definition of a ‘professional’ varies for each of Canada’s FTAs.
The definition of a professional, as stated by CUSMA, is someone who has either secured employment in Canada or has a service contract with a Canadian company. They are required to work in a profession that aligns with their professional qualifications and falls under the category of eligible CUSMA professionals.
Intra-Company Transfers
Employees of foreign or international companies who are being transferred to work temporarily in Canada for a subsidiary, branch, or affiliate of their employer are known as intra-company transfers.
ICT work permits are available to individuals from all nations, but it’s important to note that certain FTAs have specific provisions for ICT workers based on their country of origin.
- Executives or senior managers: The following countries are part of the CPTPP and CETA agreements: United Kingdom, Peru, South Korea, Chile, Colombia, United States, and Mexico.
- Expertise: 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 who are eligible to work in Canada without an LMIA
Temporary foreign workers are no longer required to obtain LMIAs from employers. In certain cases, Canadian employers are able to hire foreign nationals from specific countries without an LMIA, thanks to international agreements.
By occupation: Unique work situations
- Personnel working in the airline industry (operational, technical, and ground)
- Personnel from the United States government
Occupation: Technicians
- Colombia
- Panama
- Peru
- Countries in the CPTPP
Relationship status: Married
- Colombia
- South Korea
- Countries in the CPTPP
- European Union (CETA) – Spouses of ICTs
- United Kingdom – Spouses of ICTs
Other countries/agreements:
South Korea
- Engage contract service suppliers or independent professionals
The United Kingdom
- Freelancers and self-employed individuals
- Service providers under contract
- Engineering technologists and scientific technologists
European Union: CETA
- Service providers under contract
- Engineering technologists and scientific technologists
- Freelancers and self-employed individuals
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