Get to know LMIA exemptions that would allow you to hire foreign workers without a positive LMIA. Connect with us to assess the feasibility of the LMIA waiver and process the application.
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In a few cases, the Canadian authority issue LMIA Exempt work permits. Accordingly, Canadian employers can hire foreign workers even if LMIA is not positive. At the same time, the existing eligibility criteria have to be met for recruiting employees under this program. The request for LMIA exemption has to be processed as per the procedure, and the employer must prove that the hired worker falls in any of the listed LMIA exclusions.
Although LMIA positive is not required under this program, a work permit is mandatory for taking up a job in Canada. However, the process is more simplified than the work permit under LMIA. As per the extant policy, the foreign national must have a job offer from a Canadian employer for him or her to be eligible for the LMIA exempt work permit or the person should be authorized to perform volunteer work in Canada.
The Canadian employer also should meet the eligibility requirements for issuing a job offer to a foreign worker. ImmiLaw Global will help you with the LMIA exemption work permit processing and all the associated formalities. Our immigration service team is well-versed in the exact procedure for each type of visa and work permit processing in Canada. By complying with the order in force, we ensure the issuance of visas, work permit, and other necessary approvals in the shortest time. We have been rendering all types of Canadian immigration services for years diligently. Making us the best Canadian immigration services in the region.
For more details feel free to contact our LMIA work visa consultants in Kerala. Our foreign immigration lawyers and consultants are happy to help you.
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Examine your eligibility for a Canadian work permit first, taking into account elements like employment offers, LMIAs (Labour Market Impact Assessments), and particular permit categories.
For detailed information on the various work permit kinds, application processes, and restrictions related to each, speak with one of our skilled Canadian immigration attorneys.
Prepare and submit your work permit application with the help of a professional, making sure that all required approvals and papers, such as job offers and LMIAs, are in order.
To ensure compliance throughout your stay in Canada, gain a thorough awareness of the limitations and requirements associated with your Canadian work visa, including the permissible job categories, locations, and durations.
An LMIA-exempt work permit does not require a positive LMIA (Labour Market Impact Assessment) report from ESDC. The employer can hire foreign workers without an LMIA. This work permit is issued to workers from a few specific sections, those employed under international agreements, etc.
Foreign workers applying for LMIA-exempt work permits must prove that they are eligible in the specific category. Evidence and documents indicating their eligibility should be submitted to IRCC. The eligibility criteria differ depending on the sector and the type of job the person is applying. Those employed under NAFTA may be considered as examples. Those employed as per this agreement should prove that they are a professional engaged in trading and services, an investor in Canada, or an intra-company transferee.
The IRCC has listed the LMIA exemption categories. The eligibility requirements for exemption would differ depending on the category. The applicant must initially check the criteria as per her or his job sector. The foreign worker can then prove that his or her stay in Canada is under NAFTA, GATS, IMP or any other international agreement between Canada and any other country. Further, a job offer from a Canadian employer is also necessary for LMIA Exempt Work Permit.
The documents required for an LMIA Exempt work permit include the document proving that the applicant is eligible under immigration streams like NAFTA, ICT, and IEC, has an offer letter from a Canadian employer, proof showing that the offered job is exempted from LMIA, proof of work experience, filled work permit applications, fund availability statement that proves the applicant has enough money to him/ her and the dependents and a valid passport.
In case the LMIA Exempt application is rejected, the applicant will receive an explanation from IRCC stating the reason for the same. The applicant can take up the issue with the IRCC providing additional documents as sought or justification for the issues projected by the authority. The LMIA Exempt application can be re-submitted by attaching the relevant documents.
Hiring a foreign worker for a temporary job would require LMIA positive report from Employment and Social Development Canada (ESDC). This mandatory requirement was introduced to eliminate the possibility of an employment crisis for Canadian citizens and permanent residents. However, a few selected sections and employees from specific segments can obtain work permits even without a positive LMIA.
The foreign workers applying for work permits under LMIA Exempt program should meet the eligibility requirements stated for the specific program. A job offer from a Canadian employer is the basic requirement for obtaining a work permit through this channel.
LMIA Exempt work permit is available for:
Entrepreneurs, Investors and Self-Employed Personnel:
Entrepreneurs, investors, and self-employed persons may seek LMIA exemption from IRCC. The authority would analyze the request, confirm that the individual meets the eligibility requirements stated, and approve a work permit. Foreign personnel should hold a major share in the company if he or she owns one.
Intra-company Transferees:
Executives from higher posts, like managers, senior executives, and specialized employees, who are transferred to Canada on an intra-company transfer will not require positive LMIA.
French-speaking Foreign Skilled Workers:
Foreign employees, who are proficient in French, can get an LMIA Exempt work permit for job offers outside the Province of Quebec.
Dependents of Non-Canadian Workers:
Non-Canadian workers are employed in different skilled sectors. Their presence is of paramount importance for growth and nation-building. The dependents, like spouses and children, do not require LMIA. However, the dependents of the foreign workers who arrived under an International Exchange Program are not included in this.
Academicians:
Academics is of paramount importance in human life. Those including professors, guest lecturers, and researchers may be LMIA Exempt.
Reciprocal Agreement:
The Canadians might be taking up jobs abroad. In reciprocation to that, foreign workers can be employed in Canada. LMIA is exempt in such a scenario.
International Agreements like NAFTA:
Foreign employees arrive as part of an international agreement like NAFTA (North American Free Trade Agreement). The workers arriving as part of such international agreements do not require LMIA.
Provincial Nominees:
Provincial nominees receiving a nomination for PR, as well as a job offer in that province, may be exempted from the LMIA requirement.
Candidates Under International Exchange Programs:
Students, youngsters, teachers, and professionals arrive in Canada as part of International Exchange Programs. The applicants under this program may not require LMIA positive from ESDC.
Religious Work:
Foreign citizens arriving in Canada for religious works or as part of religious organizations may be exempted from LMIA. It is also possible that such persons may not require a Canadian work permit even.
Charitable Acts:
The foreigners coming to Canada for non-profitable charitable services are exempted from LMIA.
Foreigners for Clergy Jobs:
Canadians respect diverse cultures and religions. Therefore, foreign personnel arriving in Canada for clergy jobs and similar activities may not require a work permit. Do connect with ImmiLaw Global to know in detail about the procedure for obtaining a visa in this case. Our proficient immigration service executives will not only brief you but also will help you in undertaking all the official formalities.
Jobs Offering Significant Benefits to Canada:
Significant benefit work permit is issued to foreign individuals whose work would offer significant financial, social, or cultural benefit to Canada or Canadian society. Even though the extant regulations in Canada necessitate LMIA, the same can be waived on the basis of significant benefits.
The procedure for obtaining LMIA Exempt work permit explained here may be amended from time to time. It is always advisable to consult our expert Canada Immigration Lawyer to obtain clear and detailed information, as well as guidance and support.
Ascertaining Eligibility Requirements:
The IRCC has promulgated specific eligibility criteria for LMIA Exempt work permits. The criteria differ depending on the job. Hence, the first step is determining the eligibility requirements stated and confirming that you are eligible. A job offer from a Canadian employer is mandatory for obtaining LMIA Exempt Work Permit.
LMIA Exempt Work Permit Application:
After confirming that you meet the eligibility requirements of the LMIA Exempt Work Permit Application, you can submit your application for a work permit to the Immigration Refugees and Citizenship Canada (IRCC) along with all the documents sought for approval.
Comply with the Additional Requirements:
There might be additional requirements that have to be complied with by the applicants, like medical examination and Labour Market Information. The IRCC will process the application post-completion of these stated steps only. You may talk to us if you want to know the additional steps for the LMIA Exempt Work Permit you are looking for.
Receipt of Work Permit Approval and Activation:
If all the documents are submitted, and the applicant is assessed as suitable, the IRCC will forward the work permit approval. The approval will also contain the step to be initiated for obtaining a work permit. The work permit activation can be generally done in the prescribed format by submitting a request to IRCC.
Only an experienced Canadian Immigration Lawyer can guide, assist, and support you in obtaining an LMIA Exempt Work Permit. Submitting a proper application, with all the required documents attached, is of paramount importance. A trusted Canadian immigration service like ImmiLaw Global can ensure timely work permit approval and further process. All activities must be undertaken within the specified timelines to avoid delays and rejections.
The benefits of taking the help of expert Canada immigration services include:
Call us immediately if you dream of immigrating to Canada through LMIA Exempt Work Permit or any other visa program.
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