Labour Market Impact Assessment Exemptions

Labour Market Impact Assessment (LMIA) Exemptions

Labour Market Impact Assessment (LMIA) Exemptions

Labour Market Impact Assessment (LMIA) Exemptions

In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive Labour Market Impact Assessment (LMIA). There are several cases, however, where the need for a LMIA may be waived.

Some of the most common LMIA-exempt streams are outlined below. This page is divided into the following sections:

  • Significant benefit
  • Reciprocal employment
  • Charitable and religious workers

Significant benefit

Apart from the situations outlined below in this section, Canadian visa officers have a degree of flexibility in assessing whether the issuance of a work permit to a foreign national is desirable without the need for a LMIA to be secured. This is known as significant social or cultural benefit.

The foreign national’s proposed benefit to Canada through his or her work must be significant, meaning it must be important or notable. Officers typically rely on the testimony of credible, trustworthy, and distinguished experts in the foreign national’s field, as well as any objective evidence provided. The foreign national’s past record is a good indicator of his or her level of achievement.

Objective measures for “significant social or cultural benefit”:

  • an official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;
  • evidence from current or former employers showing that the foreign national has significant full-time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience);
  • has been the recipient of national or international awards or patent;
  • evidence of membership in organizations requiring excellence of its members;
  • having been the judge of the work of others;
  • evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
  • evidence of scientific or scholarly contributions to the field by the foreign national;
  • publications authored by the foreign national in academic or industry publications; and. or
  • Leading role of the foreign national in an organization with a distinguished reputation.

Entrepreneurs/Self-Employed Persons

A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.

Intra-Company Transferees

Intra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.

Dependents Of Foreign Workers

Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not require a LMIA. Please note that this does not apply to the spouses of workers on an International Exchange Program.

French-Speaking Skilled Workers

Foreign nationals who have been recruited through a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada through Mobility Francophone.

Academics

This includes researchers, guest lecturers, and visiting professors.

Provincial LMIA Exemptions

Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for a LMIA.

Reciprocal employment

Reciprocal employment agreements allow foreign workers to take up employment in Canada when Canadians have similar reciprocal work opportunities abroad.

International Agreements

Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Admission of foreign workers under these agreements is considered of significant benefit to Canada and, as such, does not require a LMIA. The North American Free Trade Agreement (NAFTA) is an example of this case.

International Exchange Programs

Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA.

Charitable and religious work

Charitable workers

In the Canadian context, charity is defined as the relief of poverty, advancement of education or certain other purposes that benefit the community. As such, certain charitable workers do not require a LMIA in order to enter the Canadian labour market temporarily.

Being registered with the Canada Revenue Agency (CRA) as a chairty is a strong indicator that an organization is indeed charitable in nature. However, foreign workers may be able to work in Canada for an organization under this LMIA-exempt provision that is not registered with the CRA; the visa officer may request additional information from the employer in such an instance.

The government of Canada draws a distinction between a charitable worker, who needs a work permit, and a volunteer worker, who is work-permit exempt. A volunteer worker does not enter the labour market and his or her presence in Canada is incidental to the main purpose of the visit A charitable worker, on the other hand, usually takes a position involving an activity that meets the definition of work and may be compensated for his or her work in Canada. As a result, he or she needs a work permit, though the LMIA process is not required.

Religious Workers

Religious work normally entails a requirement for the foreign national to be part of, or share, the beliefs of the particular religious community where he or she intends to work or to have the ability to teach or share other religious beliefs, as required by the employer.

For this LMIA-exempt category, the primary duties of the foreign national should reflect a particular religious objective, for example the provision of religious instruction or promotion of a particular religion or faith.

The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings are based.

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British Columbia Continues to Invite Candidates at Low Thresholds

British Columbia Continues to Invite Candidates at Low Thresholds

British Columbia Continues to Invite Candidates at Low Thresholds

British Columbia Continues to Invite Candidates at Low Thresholds

The trend of low points thresholds in immigration draws conducted by the government of British Columbia remains consistent, as more workers, international graduates, and entrepreneurs received an invitation to apply for a provincial nomination under the British Columbia Provincial Nominee Program (BC PNP) following the latest draws that took place on September 27 and October 4.

A total of 377 invitations to apply to the BC PNP were issued over this period, including candidates invited under the program’s recent Tech Pilot.

Many BC PNP categories are managed under BC’s Skills Immigration Registration System (SIRS). In order to apply through the SIRS, eligible candidates are required to register an account, whereupon they are assigned a score based on their economic and human capital credentials. Candidates with the highest scores are then invited to apply when the government of BC conducts one of its periodic draws.

All BC PNP categories managed under the SIRS requires candidates to have a job offer from an employer in BC.

Candidates invited through an Express Entry-aligned sub-category are now in a position to apply for and receive an enhanced BC PNP nomination certificate. A successful nomination results in applicants receiving 600 additional points under the Comprehensive Ranking System (CRS) and an Invitation To Apply (ITA) at a subsequent draw from the federal Express Entry pool.

It is important to note that an invitation to apply under the BC PNP is not the same as the ITA issued at the federal Express Entry level.

The remaining skilled worker, graduate, and entrepreneur invitees will have their applications for permanent residence processed outside Express Entry after they receive a nomination from BC.

Eligible individuals interested in applying for immigration to Canada through certain categories of the BC PNP are required to enter into the SIRS pool. Once in this pool, candidates are assigned points score based on civil status, education, work experience, and other factors.

Date Category Minimum Score Required No. of ITA’s Issued
September 27, 2017 (Includes tech-only draw on October 4) EEBC – Skilled Worker  73 377
EEBC – International Graduate 67
SI – Skilled Worker 73
SI – International Graduate 67
SI – Entry Level and Semi-Skilled 40
September 27, 2017 Entrepreneur Immigration 119 12
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Why you option for a Canadian Study Permit over a US Study permit

Why you option for a Canadian Study Permit over a US Study permit

Why you option for a Canadian Study Permit over a US Study permit

Why you option for a Canadian Study Permit over a US Study permit

Canadian Study Permit is increasingly becoming popular and favored by overseas students across the world. Latest studies have revealed that Canada has emerged as one of the most popular nations for applications of overseas students, even more, renowned than the US.

Below are some vital factors that will prove why you should opt for a Canadian Study Permit over a US Student Visa:

Job opportunities

As per the statistics of the International Education bureau in Canada, more than 50% of the overseas students in Canada seek and eventually obtain a Canada PR. After graduating through a Post-Graduation Work Permit overseas students can work in Canada for 3 years. This helps them to get a job, the pathway to Canada PR and ultimately Citizenship of Canada.

The scenario in the US is absolutely opposite where getting a job after graduation is not permitted until a sponsorship is obtained.

Policy of Canada

In complete opposition to the anti-immigration US policies, Canada intends to welcome overseas students. The government of Canada plans to accept 450, 000 overseas students to Canada by 2022. The percentage of overseas students arriving in Canada has increased by 92% from 2008, as quoted by the Canadim.

Tricky US Visa policy

A proposal has been put forward by the US Department of Homeland security that would mandate overseas students studying in the nation to renew their visas every year. On the other hand, overseas students with Canadian Study Permit are encouraged by Canada to remain in the nation as long as possible.

The visa application system of the US is also complicated and lengthy requiring lot of waiting, questioning and intense security. Meanwhile, visa process of Canada is quick and simple and obtaining a Canada Study Permit is easy.

Exorbitant costs

Studying in the US is not only just more expensive than studying in Canada; it is also tough to obtain financial assistance as an overseas student in the US. Universities in Canada are more forthcoming in offering scholarships and financial aid to overseas students. This is very rare in the US.

Meanwhile living cost is also lesser in Canada. Overseas students are opting to study in Canada also because it is more inexpensive.

Donald Trump

President Donald Trump has severely influenced the way people perceive the US globally. His anti-immigration policies are de-motivating overseas students to opt for the US Student Visa.

Multiculturalism has become the hallmark of Canadian policies and Prime Minister Justin Trudeau enhanced the popularity of the nation amongst the overseas population with the tweet ‘Welcome to Canada’.

Healthcare

Healthcare in Canada is administered by provinces individually and they offer diverse coverage to overseas students. Overseas students usually choose the insurance plan of their school or opt for one of the several reasonable plans offered by private insurance firms.

Overseas students in the US must apply for insurance coverage from many schools and are often required to pay high premiums for private healthcare.

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