International Mobility Program

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International Mobility Program

International Mobility Program

TFW is Exempt from the LMIA under International Mobility Program

 

A Labour Market Impact Assessment (LMIA) is not required for many TFW to work in Canada.

The International Mobility Program is responsible for foreign workers who are exempt from the LMIA (IMP). Even if someone does not need an LMIA, they still need a work permit.

It can be challenging to sort through the various options for obtaining a work permit in Canada, but we’ll do our best to simplify the process for you. Please complete CVIS Immigration contact form if you wish to schedule a free telephone consultation with our work permit consultants.

 

Overview

The Temporary Foreign Worker Program is for foreign workers who need to pass the Labour Market Impact Assessment (LMIA) test required by the Canadian government (TFWP). On the other hand, the International Mobility Program covers foreign workers who do not need an LMIA (IMP). The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign workers when there are insufficient qualified local applicants. The IMP’s goal is to advance Canadian interests across the board, including economically, socially, and culturally. Since the policy goals of the IMP are broader, the Canadian government does not use the LMIA process for foreign nationals who qualify under any of the IMP’s streams.

The International Mobility Program (IMP) offers a number of different routes that don’t require a Labor Market Impact Analysis (LMIA). To better organise this page, it has been split up into the following subsections:

  • Significant Benefit
  • Reciprocal Employment
  • Charitable and Religious workers

Significant Benefit

Except in the limited circumstances described below, Canadian visa officers have some leeway in deciding whether it is desirable to issue a work permit to a foreign national without first obtaining an LMIA. Significant social or cultural value is created.

The foreign national must demonstrate that he or she will bring substantial benefit to Canada through his or her proposed work. Agents will often rely on the testimony of respected experts in the foreign national’s field, as well as any hard evidence that can be gathered. The success of a foreign national can be gauged by looking at his or her track record.

Data that can be used to demonstrate a “substantial social or cultural benefit”

  • certification from an accredited college, university, school, or other educational institution that the foreign national has earned a degree, diploma, certificate, or similar award in the relevant field;
  • The foreign national has received national or international awards or patent; has membership in organizations requiring excellence of its members; has judged the work of others; has been recognized for achievements; has evidence from current or former employers demonstrating significant full-time experience in the occupation for which he or she is sought (significant can be taken to mean ten years of experience or more).
Entrepreneurs/Self-Employed Persons

Private entrepreneurs who wish to temporarily enter Canada to establish or operate a business may qualify for an LMIA exemption. To qualify for one of these programmes, prospective immigrants to Canada must be either the sole or majority owner of the business they intend to launch. They’ll need to show that their company will be good for Canada, too. Startup founders can avoid paying the LMIA if they can prove their work in Canada will be short-term. The owners of seasonal businesses will find a home here. Successful applicants for permanent residence in Canada may be eligible for LMIA-exempt work permits if they are also entrepreneurs. Startup founders can avoid paying the LMIA if they can prove their work in Canada will be short-term.

 

Intra-Company Transferees

A temporary transfer to Canada may be exempt from LMIA requirements for intra-company transferees. Executives, managers, and high-skilled knowledge workers from foreign companies with an eligible business relationship to the Canadian parent company are eligible to apply for permanent residence in Canada.

 

Family Members Of Overseas Workers

The LMIA is not necessary for spouses and dependent children of foreign workers who have been granted a work permit to work in Canada in a skilled occupation. However, spouses of employees participating in International Exchange Programs are exempt from this policy.

 

Academics

There are many types of academic visitors, such as researchers and guest lecturers as well as visiting professors.

 

Exemptions from LMIA Requirements in Certain Provinces

A province may waive the requirement for an LMIA if it nominates a worker for permanent residence and that worker subsequently receives a job offer in the nominating province.

 

Reciprocal Employment

For example, if a Canadian citizen is offered a job in Mexico, the Mexican government may offer a job to a foreign worker in Canada under a reciprocal employment agreement.

 

International Agreements

Several international agreements to which Canada is a party make it easier for foreign workers to enter the country. Because of the substantial benefits to Canada, an LMIA is not required for the admission of foreign workers under these agreements. This is the case, for instance, with the Canada-United States-Mexico Agreement (CUSMA)

 

International Exchange Programs

Canada takes part in a variety of international youth exchange programmes. The International Experience Canada (IEC) Working Holiday Visa, as well as other programmes for students, young professionals, and teachers, fall under this category. These programmes do not have to submit to an LMIA.

 

International Mobility Program

Charitable and Religious Work

 

Charitable Workers

Helping those in need, furthering education, and other altruistic endeavours are all examples of what are considered acts of charity in Canada. So, some temporary workers in the nonprofit sector can enter the Canadian labour market without an LMIA.

There is strong evidence that an organization is charitable if it is recognized as such by the Canada Revenue Agency (CRA). It is possible, however, for foreign workers to be permitted to work in Canada for an organization that is not registered with the CRA under this LMIA-exempt provision; in such a case, the visa officer may request additional information from the employer.

Canadian law distinguishes between paid charity workers and unpaid volunteer workers. Volunteers are not eligible to apply for paid employment in Canada, and their stay in the country is secondary to their main commitment. In contrast, a charitable worker typically accepts a position that involves work that can be compensated in Canada. Therefore, the LMIA procedure is optional, but the individual will need a work permit.

 

Religious Workers

In most cases, a foreign national seeking employment in the religious sector will need to demonstrate both (1) an ability to teach and share the beliefs of the employer’s chosen faith community and (2) a commitment to doing so.

For this LMIA exempt category, the foreign national’s primary duties must reflect a specific religious objective, such as the provision of religious instruction or the promotion of a particular religion or faith.

The work must be done in a way that furthers the spiritual teachings of religious faith while also upholding the doctrines and spiritual observances upon which those teachings are founded.

 

Contact the CVIS Immigration for Assistance

Help with a work permit? If you need assistance, contact CVIS Immigration. We’ve helped countless employees and businesses in Canada successfully secure work visas.

If you have any questions for our law firm, please fill out our brief form. To set up a no-cost phone consultation, one of our experts will get in touch with you shortly.

 

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