LMIA Exemptions

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Without LMIA: Exemptions

LMIA Exemptions to Hire Foreign Workers: Overview

By default, a Canadian employer must obtain a positive Labour Market Impact Assessment (LMIA) before hiring a temporary foreign worker. However, certain job categories are exempt from this requirement due to international agreements, Canadian interests, humanitarian reasons, applicants with pending permanent residence applications, vulnerable workers, and those with no other means of support. In such cases, an employer can bypass the LMIA step in the hiring process. Depending on the category, they are either required to submit an online offer of employment through the employer portal or can hire a worker holding an open work permit without needing to submit such an offer online.

There are several major types of LMIA exemptions that allow employers to hire temporary workers without an LMIA:

  • ‍Closed Employer-Specific Work Permits exempt from an LMIA require an employer to submit an Online Offer of Employment to hire a specific worker under certain terms. To change any of the terms under which a work permit was issued, an employer would need to submit a new offer.
  • When a foreign national holds or is eligible to apply for an Open Work Permit, an employer does not need to submit a job offer to Canadian immigration and labour authorities (IRCC, ESDC). Both employer and temporary foreign worker can easily change the terms of employment upon mutual agreement without obtaining additional authorization from Canadian authorities.
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LMIA Exemption Codes (Job Offer from Canadian Employer Required)

Below is a list of job categories exempt from an LMIA, for which employers are required to submit an online offer of employment through the Employer Portal:

  • A73 - Specific CSQ holders currently in Quebec - R205(a)
  • A75 - LMIA-exempt work permit renewals/extensions for certain CSQ holders currently in Quebec - R205(a)
  • A77 - Start-up Business Class Work Permit - R205(a)
  • C10 - Canadian interests: Significant Benefit - R205(a)
  • C11 - Entrepreneurs/self-employed candidates seeking to operate a business- R205(a)
  • C13 - Emergency repair personnel or personnel for out-of-warranty equipment R205(a)
  • C14 - TV/Film certain essential personnel R205(a)
  • C15 - Rural and Northern Immigration Pilot participants
  • C16 - Francophone Mobility R205(a)
  • C18 - Atlantic Immigration Program - R204(c)
  • C20 - Reciprocal employment- R205(b)
  • C21 - International Experience Canada - R205(b)
  • C22 - Reciprocal employment - Academic Exchanges - R205(b)
  • C23 - Reciprocity/Performing Arts/CON employer R205(b)
  • C24 - Residential Camp Counsellor - R205(b)
  • C26 - Coaches and Athletes - R205(b)
  • C31 - Work Related to a Research or Educational Program - R205(c)(i)
  • C32 - Postsecondary academic, vocational, or professional training- R205(c)(i.1)
  • C33 - Co-op or Internship Secondary school - R205(c)(i.2)
  • C44 - Post-doctoral fellows - R205(c)(ii)
  • C45 - Foreign Medical (or Dental) Residents and Medical Research Fellows- R205(c)(ii)
  • C50 - Charitable or religious work - R205(d)
  • C51 - Charitable Work - R205(d)
  • C52 - Academic Award Recipients - R205(c)(ii)
  • C60 - Provincial Business Candidate - R205(a)
  • C61 - ICT Start-up Businesses - R205(a)
  • C62 - ICT - Executive, Senior or Functional Manager - R205(a)
  • C63 - ICT - Specialized Knowledge Only - R205(a)
  • C88 - Innovation Stream - Employer-specific R205(c)(ii)
  • F10 - Colombia - Trader R204(a)
  • F11 - Colombia - Investor - R204(a)
  • F12 - Colombia - Professionals or Technicians - R204(a)
  • F13 - Colombia - ICT Executive or Senior Manager - R204(a)
  • F14 - Colombia - ICT Management Trainee - R204(a)
  • F15 - Colombia - ICT Specialized knowledge - R204(a)
  • F20 - Chile - Traders - R204(a)
  • F21 – Chile – Investors – R204(a)
  • F22 – Chile – Professionals – R204(a)
  • F23- Chile - ICT Executive or Senior Manager - R204(a)
  • F24 - Chile - ICT Specialized knowledge - R204(a)
  • F30 - Korea, South - Traders - R204(a)
  • F31 - Korea, South - Investors - R204(a)
  • F32 - Korea, South - Contract Service Suppliers or Independent Professionals
  • F33 - Korea, South - ICT Executive or Senior Manager - R204(a)
  • F34 - Korea, South - ICT Management Trainee - R204(a)
  • F35 - Korea, South - ICT Specialized knowledge - R204(a)
  • F40 - Panama - Traders - R204(a)
  • F41 - Panama - Investors - R204(a)
  • F42 - Panama - Professionals or Technicians - R204(a)
  • F43 - Panama - ICT Executives or Senior Managers - R204(a)
  • F44 - Panama - ICT - Management Trainees - R204(a)
  • F45 - Panama - ICT - Specialized knowledge - R204(a)
  • F50 - Peru - Traders - R204(a)
  • F51 - Peru - Investors - R204(a)
  • F52 - Peru - Professionals or Technicians - R204(a)
  • F53 - Peru - ICT Executives or Senior Managers - R204(a)
  • F54 - Peru - ICT - Management Trainees - R204(a)
  • F55 - Peru - ICT - Specialized knowledge - R204(a)
  • F60 - UK Independent professionals - R204(a)
  • F61 - UK - ICT - Executives or Senior Managers - R204(a)
  • F62 - UK - ICT - Management Trainees - R204(a)
  • F63 - UK - ICT - Specialized knowledge - R204(a)
  • F65 - UK Investors - R204(a)
  • F66 - UK Contractual service suppliers - R204(a)
  • F67 - UK Engineering Technologists and Scientific Technologists - R204(a)
  • R01 - Public Policy - Inside Canada - A25.2
  • R02 - Public Policy Outside Canada - A25.2
  • T11- Non-trade international agreements - R204(a)
  • T13- Canada-PT Agreements - R204(c)
  • T33- GATS Professionals - R204(a)
  • T34 - CUSMA Trader - R204(a)
  • T35 - CUSMA Investor - R204(a)
  • T36 - CUSMA Professional - R204(a)
  • T37 - CUSMA ICT - Executive or Senior Manager - R204(a)
  • T38 - CUSMA - ICT - Specialized knowledge - R204(a)
  • T41 - CETA - ICT - Specialized knowledge - R204(a)
  • T42 - CETA - ICT - Graduate Trainees - R204(a)
  • T43 - CETA Independent professionals - R204(a)
  • T44 - CETA ICT - Executives or Senior Managers - R204(a)
  • T46 - CETA Investors - R204(a)
  • T47 - CETA Contractual service suppliers - R204(a)
  • T48 - CETA Engineering Technologists and Scientific Technologists - R204(a)
  • T50 - CPTPP Investors - R204(a)
  • T51 - CPTPP - ICT - Executives or Senior Managers - R204(a)
  • T52 - CPTPP Professionals and Technicians - R204(a)
  • T54 - CPTPP ICT - Management Trainee - R204(a)
  • T55 - CPTPP - ICT - Specialized knowledge - R204(a)

LMIA Exemption Codes (Open Work Permits)

The list of job categories exempt from an LMIA provided below simply allows Canadian firms to hire foreign workers holding an open work permit. In these cases, a foreign national obtains a work permit irrespective of the existence of a job offer from a Canadian employer.

  • T25 - Colombia - Spouse - R204(a)
  • F36 - Korea, South - Spouse - R204(a)
  • T45 - CETA - Spouse of Intra-corporate transferee (T44, T42, or T41) - R204(a)
  • T53 - CPTPP - Spouse - R204(a)
  • F64 - UK Spouses of Intra-corporate transferees (F61, F62, or F63) - R204(a)
  • C91 - Spouses and dependents at the age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP - R205(a)
  • A75 - Bridging open work permits (BOWPs) - R205(a)
  • A74 - Open work permit pilot for permanent residence applicants in the spouse or common-law partner in Canada (SCLPC) class - R205(a)
  • C32 - Educational co-op – post-secondary - R205(c)(i)
  • C33 - Educational co-op – secondary level - R205(c)(i)
  • C41 - Spouses or common-law partners of high-skilled workers (TEER 0 through 3) - R205(c)(ii)
  • C42 - Spouses or common-law partners of full-time students - R205(c)(ii)
  • C43 - Post-grad employment - R205(c)(ii)
  • C46 - Dependent child of a high-skilled worker (TEER 0 to 3) - R205(c)(ii)
  • C47 - Spouse or common-law partner of a low-skilled worker (TEER 4 or 5) - R205(c)(ii)
  • C48 - Dependent child of a low-skilled worker (TEER 4 or 5) - R205(c)(ii)
  • C49 - Family members of Economic PR applicants - R205(c)(ii)
  • C52 - Academic Award recipients - R205(c)(ii)
  • S61 - Refugee claimants - R206
  • S62 - Persons under an unenforceable removal order - R206
  • A70 - Permanent residence applicants in Canada: Live-in-caregiver class (LCP); Spouse or common-law partner in Canada class (after eligibility passed); Protected persons under subsection A95(2); Section A25 exemption (humanitarian and compassionate grounds); and their Family members - R207
  • A72 - Vulnerable workers - R207.1
  • A72 - Family member of vulnerable worker - R207.1
  • H81 - Destitute students - R208
  • H82 - Holders of a temporary resident permit valid for a minimum of six months - R208

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FAQ

What is a Labour Market Impact Assessment (LMIA)?

A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer may need to obtain before hiring a foreign worker. It proves that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

Who is exempt from requiring an LMIA to work in Canada?

Certain job categories are exempt from requiring an LMIA due to international agreements, Canadian interests, humanitarian reasons, applicants with pending permanent residence applications, and vulnerable workers with no other options. Employers hiring under these exemptions may bypass the LMIA process entirely.

How can an employer hire a foreign worker without an LMIA?

Employers can hire foreign workers without an LMIA by submitting an online offer of employment through the Employer Portal or by employing someone who holds an open work permit, which doesn't require a job offer or LMIA.

What are the different types of LMIA exemptions available?

LMIA exemptions include job categories under international agreements, significant benefit categories (like the Canadian interests or entrepreneurs), reciprocal employment, and public policy considerations. Each category has specific codes like C10, C11, T13, etc., which determine the specific exemption criteria.

Can changes be made to the terms of employment for workers hired under LMIA exemptions?

Yes, for workers hired under certain LMIA exemptions such as those holding open work permits, both the employer and the foreign worker can change the terms of employment upon mutual agreement without needing authorization from Canadian immigration and labour authorities. However, for employer-specific work permits, any change in employment terms requires submitting a new online offer of employment.

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