Work Permit & LMIA Exemptions in Canada: International Mobility Program (IMP)

For employers and temporary foreign workers in Canada, understanding the work permit process is essential. While the Labour Market Impact Assessment (LMIA) is often required to prove no Canadian or permanent resident is available for a role, many exemptions exist under the International Mobility Program (IMP). This program allows LMIA-free hiring in specific scenarios, streamlining the process for both employers and workers. In this article, we’ll cover:

LMIA exemptions under the IMP
Canadian Interests work permits
Work permit exemptions
Key differences between IMP and TFWP
Employer compliance and worker rights

I. LMIA Exemptions Under the International Mobility Program (IMP)

What Is the IMP?

The International Mobility Program (IMP) allows employers to hire foreign workers without an LMIA when the job falls under specific exemption categories, such as:

Trade agreements (e.g., CUSMA, CETA)
Significant economic or cultural benefit (e.g., Francophone Mobility, researchers)
Reciprocal employment programs (e.g., youth exchange programs)

Unlike the Temporary Foreign Worker Program (TFWP), which requires an LMIA, the IMP prioritizes flexibility and employer compliance.

Steps to Hire Through the IMP

Hiring through the IMP requires attention to detail:

Submit an Offer of Employment: Use the Employer Portal to create and submit an offer of employment, including:
- Your business details
- Information about the foreign worker
- Job details, including duties, wages, and benefits
- The relevant LMIA exemption code
Provide the Offer Number: After submission, you’ll receive a 7-digit offer of employment number. Share this with the worker so they can apply for their work permit.
Pay the Employer Compliance Fee: Submit a $230 fee through the Employer Portal.

The worker will then apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC), either online, in Canada (if eligible), or at a port of entry.

II. Canadian Interests Work Permits

What Is a Canadian Interests Work Permit?

This LMIA-exempt category allows foreign workers to obtain a permit if their work provides:

Economic benefits (e.g., job creation, innovation)
Social benefits (e.g., public health projects, community development)
Cultural benefits (e.g., artists, researchers, award-winning professionals)

Example Categories Under Immigration and Refugee Protection Regulations (IRPR) R205(a)

Significant Benefit – General (C10)

The C10 category applies to foreign nationals whose work provides significant benefits but does not fall under a specific IMP category. Applicants must demonstrate that their work has a neutral or positive impact on Canada’s labour market, such as through job creation, industry advancement, or cultural contributions. For example, a renowned scientist conducting research in Canada could qualify under C10.

Business Owners – Temporary Purpose (C11)

Foreign nationals seeking to establish or operate a business in Canada may qualify under R205(a) – C11 if their work generates significant benefits. Key requirements include:

Temporary Intent: Demonstrate plans to leave Canada after a specified period (typically up to 18 months).
Sufficient Funds: Separate funds for personal support and business operations.
Significant Benefit: Evidence that the business will create jobs, stimulate the economy, or provide unique services not readily available in Canada.

For example, establishing a specialty store in a rural area with limited access to goods could qualify, unlike a generic business in a saturated urban market.

Intra-Company Transferees (ICT)

Foreign nationals transferring from a multinational corporation (MNC) to a Canadian branch, subsidiary, or affiliate may qualify under R205(a) – C61, C62, or C63. These categories include:

C61 (Start-Up Business): For executives, managers, or specialized knowledge workers establishing a new Canadian enterprise. Maximum duration is one year, with limited extensions.
C62 (Executives/Managers): For those in senior roles (TEER 0 or 1), with a maximum stay of seven years.
C63 (Specialized Knowledge): For workers with advanced proprietary knowledge, with a maximum stay of five years.

Applicants must show continuous employment with the MNC for at least one year in the past three years and demonstrate that their work will generate significant benefits, such as enhancing Canada’s competitiveness or creating jobs.

Key Considerations for Canadian Interests

Immigration, Refugees and Citizenship Canada (IRCC) officers assess applications based on the potential for significant benefits. These benefits are categorized as follows:

Economic Benefits

Economic benefits focus on contributions that strengthen Canada’s economy or business landscape. Examples include:

Job creation or retention for Canadians or permanent residents.
Advancement of Canadian industries through innovation, technology development, or market expansion.
Economic stimulus in remote or regional areas, such as establishing a business in an underserved community.
Preventing disruptions to major Canadian events or employment opportunities.
Expanding export markets for Canadian products or services.

For example, a foreign national with expertise in negotiating international business deals could qualify by fostering market growth or creating jobs in Canada.

Social Benefits

Social benefits emphasize contributions that enhance the well-being or cohesion of Canadian communities.

Examples include:

Addressing health and safety needs, such as developing environmentally friendly products.
Enhancing community pride or tourism by boosting local heritage resources or amenities.
Strengthening social inclusion, such as initiatives promoting diversity or community engagement.

For example, a foreign national leading a public health project could qualify if their work directly improves Canadian well-being.

Cultural Benefits

Cultural benefits relate to contributions that advance Canada’s creative or heritage sectors. A foreign national may qualify if they:

Have received national or international awards or patents in their field.
Are recognized by peers, governments, or professional associations for significant contributions.
Have made scholarly or scientific contributions or published in academic/industry journals.
Hold a leading role in a reputable organization or are renowned for their artistic/cultural endeavors.

For instance, an internationally acclaimed artist or researcher could qualify if their work enriches Canada’s cultural landscape.

Eligibility and Documentation Requirements

To apply for a work permit under the Canadian Interests categories (C10, C11, C61, C62, C63), foreign nationals must provide comprehensive documentation to demonstrate their contribution to Canada. Required documents include:

LMIA-Exempt Offer of Employment: Submitted through the IRCC Employer Portal (or approved alternate submission) with an offer number (A#######).
Proof of Employer Compliance Fee Payment: Ensures compliance with IMP requirements.
Detailed Evidence of Significant Benefit: Must clearly articulate how the work provides economic, social, or cultural benefits. Copying IRCC’s website is insufficient—applicants need tailored, compelling evidence.

Additional supporting documents may include:

Business plans detailing job creation, market expansion, or innovation.
Reference letters or awards proving expertise or recognition.
Proof of qualifications, such as degrees, certifications, or professional memberships.
Evidence of economic impact, such as contracts with Canadian suppliers or plans for regional development.

IRCC officers review specific fields in the Global Case Management System (GCMS) to assess eligibility, including:

Requirements Exemptions Met: How the job position meets the LMIA exemption criteria.
Duties and Job Requirements: Alignment with the claimed significant benefit.
Education and Training: Compatibility with the job’s requirements.
Certifications or Licenses: Proof of necessary credentials, if applicable.

Hiring in Quebec Through the IMP

In Quebec, hiring through the IMP does not require a Quebec Acceptance Certificate (CAQ) from the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). However, you must still submit an offer of employment via the Employer Portal and follow all IMP requirements.

II. Work Permit Exemptions Under the IMP

Certain foreign nationals can work in Canada without a work permit under section 186 of the IRPR or specific public policies. These exemptions support short-term or specialized roles, as outlined in IRCC’s guidelines. Key categories include:

Business Visitors: Individuals performing international business activities without entering the Canadian labor market (e.g., attending meetings or conferences).
Athletes or Coaches: Participants in short-term sports events.
Performing Artists: Artists performing for a limited period without impacting Canadian jobs.
Public Speakers or Seminar Leaders: Individuals delivering short-term seminars or lectures.
Emergency Service Providers: Workers addressing urgent situations, like natural disasters.
Researchers: Short-term academic researchers (up to 120 days).
Short-term researchers (120-day exemption)

III. Rights of Temporary Foreign Workers in Canada

Temporary foreign workers under the IMP have rights protected by Canadian law, including:

Fair Wages and Working Conditions: Entitlement to wages and benefits consistent with Canadian standards.
Safe Workplace: Right to a safe and healthy work environment under occupational health and safety laws.
Protection from Exploitation: Safeguards against unfair treatment, with access to legal recourse.
Access to Information: Right to clear information about job terms and conditions.

The IMP offers a flexible pathway for hiring or working in Canada without an LMIA or work permit in specific cases, benefiting both employers and foreign workers. Understanding the categories and requirements is crucial for compliance and a smooth process. For further details, book a consultation with us for professional advice.

Schedule a Consultation with an authorized immigration consultant