Jobs that are exempt from Labour Market Impact Assessment (LMIA) requirements can greatly benefit Canadian companies looking to recruit internationally by saving them both time (especially with immigration processing) and money. This article will explain LMIAs as well as some jobs that don’t require LMIAs for employers or international candidates.
What is an LMIA? (Labour Market Impact Assessment)
An LMIA (or Labour Market Impact Assessment) is a document that evaluates whether or not there is a need for a job to be filled within a Canadian business or company. A positive LMIA (sometimes referred to as a confirmation letter) shows that a foreign worker is needed for the job, as there are no Canadian workers or permanent residents available to fill the job position.
In most cases, Canadian employers are required to have a positive Labour Market Impact Assessment in order to successfully recruit international candidates for their business, including job offers for Express Entry into the country of Canada. Employers must first apply for an LMIA and then wait to be approved before they can hire international candidates or before the candidates can apply for a work permit. However, some jobs are exempt from these requirements, and employers can hire international candidates through other means.
Which Canadian Jobs are Exempt from LMIA Requirements?
Employers do not need an LMIA to support an international candidate’s job offer if the job states a specific employer or employers and is:
- Covered by an international agreement (ex. CUSMA or GATS) and non-trade agreements including professionals, traders, or investors
- Covered by an agreement between the country of Canada and a specific Canadian province or territory.
Jobs can also be exempt for reasons of “Canadian interest,” including:
- A Canadian employer can prove that the international candidate they are looking to hire will bring significant social, cultural, and/or economic benefit to Canada.
- Canadians (ex. citizens) have similar employment opportunities in other countries, which allows for reciprocal employment between Canadian candidates and international candidates.
- The Prime Minister of Canada designates that a job (typically pertaining to academics or competitiveness and public policy) does not need an LMIA in order to be filled by an international candidate.
- The job pertains to charity or religious work (excluding volunteer work).
Whatever the case may be, jobs that meet any of these criteria for exemption must also meet other requirements based on circumstance. In addition, jobs exempt from an LMIA still require a work permit from the international candidate.
6 Jobs in Canada That Don’t Require an LMIA
Jobs typically exempt from LMIA requirements include (but are not limited to):
- Graphic designers and illustrators: Creative professionals who produce visual graphics, art, and other design content for Canadian companies
- Technical workers: Software engineers, information systems consultants and analysts, web developers, and other skilled professionals in the tech industry
- Medical residents and fellows: International candidates completing residency requirements in Canada in order to become licensed medical practitioners
- Academic professionals: Guest lecturers, researchers, and visiting university professors
- Athletes: International sports players working for Canadian sports teams
- Performing artists: Musical artists, instrumentalists, actors, comedians, and other public performers
For more information on LMIA exemption requirements for Canadian jobs, visit Canada’s official website.
Frequently Asked Questions
Can international candidates work in Canada without an LMIA?
In some cases, international candidates may be allowed to work in Canada without the need for an LMIA. However, they will still need to apply for a work permit, which will allow them to legally work in Canada. Typically, they must also apply for Express Entry in order to immigrate to and gain permanent residency in Canada.
To find out if you need an LMIA, visit Canada’s official website.
Can an LMIA be rejected?
An LMIA can be rejected for a variety of reasons, including:
- Incomplete or incorrect documentation
- Insufficient proof of recruitment efforts
- Discrepancies with wages and/or benefits
- Job description inconsistencies
In order for an LMIA to be approved, it is important that employers prepare beforehand with all necessary documentation and information needed. If an LMIA is rejected for any reason, employers can fix the applicable issues and resubmit the document for approval.
How long is the LMIA valid for?
Once approved, positive LMIAs are valid for 6 months from the date of issue. Within this time frame, the Canadian employer must notify the international candidate of LMIA approval so that the candidate can apply for a work permit or permanent Canadian residence.
How Can I Recruit Foreign Workers for My Canadian Business?
With the help of No Limit to Canada, you can recruit the best global talent from a vast network of international candidates in your industry, gaining immediate access to potential hires that will greatly benefit your business. No Limit to Canada streamlines the international hiring process by saving you money and resources, minimizing administrative burdens, and offering valuable advice and support from start to finish.
Give us a call at 888-391-1115 or contact us via email at info@nolimittocanada.com. We are available to answer all your questions on international recruitment and help you hire the ideal international candidates for your Canadian business.