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LMIA Exempt Work Permit: Job Offer for Express Entry – LMIA Exempt Jobs in Canada

April 1st, 2024 at 08:35 am

LMIA Exempt Work Permit: Job Offer for Express Entry – LMIA Exempt Jobs in Canada

Not all job offers necessitate a Labour Market Impact Assessment (LMIA) for Express Entry. Certain persons, particularly those who are exempt from the LMIA, may have alternate options available. Most employers require an LMIA to support your job offer for Express Entry, but if certain requirements are met, you can bypass this step and still receive an Express Entry-eligible work visa. We will go over the primary LMIA exempt category work permits that are eligible for Express Entry, so you can claim either 50 or 200 points. If you want to understand more about LMIAs, please watch one of our other videos on the subject.

First and foremost, having a job offer is not required to apply under Express Entry. However, having a genuine work offer that qualifies for Express Entry adds 15 points to your eligibility score under the Federal Skilled Worker Program selection criteria. Later, depending on the type of job you’ve been offered, it can help you earn 50 or 200 more CRS points for your Express Entry profile.

LMIA Exempt Qualifiers

If the three conditions listed below are met, your employer does not need an LMIA to support your Express Entry job offer.

  • You’ve been working full-time for the same employer listed on your work visa for at least a year, or you’ve completed an equivalent length of part-time employment.
  • You have a genuine job that meets the qualifications for at least one Express Entry category.
  • You have a work permit that is exempt from the LMIA under certain conditions. These exemptions are divided into three categories: international accords, federal-provincial agreements, and “Canadian interests”.
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Let’s look at these categories in more detail:

LMIA Exempt Work Permit: International Agreements

If your job is covered by an international bilateral agreement, such as the Canada-United States-Mexico Agreement (CUSMA – formerly known as NAFTA), or any specific bilateral agreements such as the CPTPP, bilateral agreements with Chile, Peru, South Korea, Colombia, CETA for European countries, and the equivalent of CETA for the United Kingdom, or even bilateral agreements for New Zealand and Australia, you may be exempt from the requirement for an LMIA. This category usually includes professionals, merchants, and investors who play important roles in the economic exchange between Canada and other countries.

Federal-provincial agreements:

Employment opportunities that are produced as a result of agreements between Canada and one of its provinces or territories, particularly those that involve major investment projects, are also exempt from the Local Market Investment Act (LMIA). When it comes to fostering economic growth and employment opportunities within particular regions, these positions are frequently of the utmost importance.

Canadian Interests – This broad category includes four subcategories:

1: Significant benefits under IRPR R205(a):

These are examples of employment offers that are thought to greatly impact Canada’s social, cultural, or economic landscape. This can include general professionals such as self-employed engineers, technical workers, creative and performing artists whose work benefits Canada significantly, employees with specialized knowledge transferred within a company to contribute to the Canadian branch with their expertise, and Mobilité Francophone workers. These categories could also include Intra-Company Transfer (C61,C62,C63), Startup Visa work permits, C10/C11 entrepreneur/self-employed work permits (all highly common in Canada), and a slew of additional LMIA-exempt categories.

2: Reciprocal Employment:

As part of accords that give similar possibilities for Canadians living outside the country, this makes it possible for people from other countries to find employment in Canada. This can be further broken down into three categories: general professions, such as professional coaches and athletes working for Canadian teams; those working in Canada as part of International Experience Canada, which is a program that allows young professionals and youth to work in Canada for the purpose of enhancing cultural exchange and professional development; and exchange program participants, such as professors and visiting lecturers.

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3: Designated by the Minister:

This category comprises academics such as researchers, guest lecturers, and visiting professors (supported by a recognized federal program) and permits for additional concessions approved by the Minister of Immigration through Public Policies.

4: Charity and Religious activities:

Individuals who contribute significantly to Canadian communities via charitable or religious activities, excluding volunteers.

LMIA Exempt Work Permit: Additional Factors

Please be aware that your employment offer will not count toward FSWP eligibility or improve your CRS score if your work visa is LMIA-exempt for any reason other than those indicated above. This is something that you should be aware of.

During the process of renewing these substantial benefit category work permits within Canada, it is essential to keep in mind that if you are unable to provide evidence that you have made investments or contributions to the social, cultural, or economic system in Canada, you may be denied renewal. The practice of denying work permits for Startup Visas to applicants who are already in Canada is a common occurrence that has become increasingly apparent. According to the specific requirements of the IRPR, if the officer believes that you do not fall into these LMIA exempt categories, they have the right to decline your application and request that you submit an application for a genuine LMIA with Service Canada.

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In conclusion, it is not necessary for you to always have a job offer that is supported by an LMIA. Individuals whose skills, experiences, or achievements are highly regarded in the country are eligible for significant exemptions that are designed to facilitate their immigration application. With these exemptions, it is much simpler for skilled individuals such as yourself to find employment in Canada.



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