A Canadian employer must generally receive a positive Labour Market Impact Assessment in order to bring a temporary foreign worker to Canada (LMIA). However, in some cases, the requirement for an LMIA may be waived.
LMIA-exempt foreign workers are covered by the International Mobility Program (IMP). Individuals who are exempt from obtaining an LMIA are not exempt from obtaining a work permit. To work legally in Canada, all streams on the LMIA exemption list still require the individual to obtain a work permit.
Foreign workers who require the Canadian government’s labour market test, known as the Labour Market Impact Assessment (LMIA), are classified as temporary foreign workers under the Temporary Foreign Worker Program (TFWP). Foreign workers who do not need an LMIA, on the other hand, are covered by the International Mobility Program (IMP). The TFWP allows Canadian employers to hire foreign workers when there are no suitable Canadian workers available. The IMP’s mission is to advance Canada’s broad economic, social, and cultural interests. Because the IMP’s policy objectives are broader, the Canadian government does not apply the LMIA process to foreign nationals who fall under any of the IMP’s streams.
Intra-Company Transferees may be eligible for an LMIA exemption for a temporary move to Canada. Transferees must be executives, managers, or specialised knowledge workers for a foreign company that has a qualifying relationship with the company in Canada.
Entrepreneurs who wish to come to Canada temporarily to start or operate a business may be granted an LMIA exemption. Applicants for one of these programs must be the sole or majority owner of the business they want to start in Canada. They will also have to show that their company will be of significant benefit to Canada. Entrepreneurs can only obtain LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary. Owners of seasonal businesses will benefit the most from this category. Entrepreneurs who have already applied for permanent residence in Canada may be eligible for LMIA-exempt work permits in this category.
Canadian visa officers have some liberty in determining whether the issuance of a work permit to a foreign national is desirable without the need for an LMIA. This is referred to as a significant social or cultural benefit.
The proposed benefit to Canada from the foreign national’s work must be significant, which means it must be significant or notable. Officers usually rely on the testimony of credible, trustworthy, and distinguished experts in the field of the foreign national, as well as any objective evidence provided. The foreign national’s track record is a good predictor of future success.
Objective measures of “significant social or cultural benefit”:
The following are the General Requirements to qualify for an Intra Company Transfer:
Business Requirements for Intra Company Transfer:
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