So far we talked about what LMIA license is and next we want to talk about what are the conditions to get LMIA approval.
Conditions and how to get Canadian LMIA
As a foreign worker, you cannot apply for an LMIA and everything is up to your Canadian employer. So, you don't have to worry about getting this license, but in order to better understand the conditions for getting a LMIA license, we will provide explanations about them. In order to make the process of hiring foreign workers easier for employers, the Canadian Immigration Department has prepared a panel for them to carry out the hiring process through it. Also, this department has divided foreign labor migration programs into two categories as follows:
- Temporary Foreign Worker Program (TFWP): This program is for businesses that require an LMIA license and has different programs. In the province of Quebec, which has different immigration conditions than other provinces, in addition to the LMIA permit, the employer must also obtain a Quebec Acceptance Certificate (CAQ) for the workforce.
- International Mobility Program (IMP): This program is specific to LMIA-exempt occupations and specifies an exemption code for occupations that meet these requirements. The employer must participate in this program and receive the LMIA exemption letter before the foreign workforce can apply for a work permit. If you want to know more about this program, we suggest reading the IMP Canada visa article.
Each of the above programs has its own process and conditions, and depending on the employer wants to hire foreign workers in what field and with what salary, the conditions and how to get Canada's LMIA approval also change. Since you won't be doing any of this as a workforce, we won't go into further detail, but if you're looking for more resources, let us know in the comments.
Who needs an LMIA permit?
Most foreigners who want to work in Canada need a positive LMIA permit or LMIA exemption letter. Of course, people who are currently in Canada and have a work permit do not need this permit; However, if these individuals decide to change jobs or employers, they may need to obtain a positive LMIA permit or letter of exemption.
Whether people with a work permit will need an LMIA when they change jobs and employers has different conditions and depends on things like the type of job and work permit as well as the province they live in. If you want to make sure about this, we suggest you enter your number in the box below so that our experts will contact you for further guidance.
There are some other businesses that are exempt from receiving LMIA approval and these businesses are mentioned below.
Businesses exempt from LMIA
Immigration Canada has exempted some occupations from getting LMIA for various reasons, and people can apply for these occupations without LMIA permit. Canadian work permit receive Note that you need to get the following jobs LMIA You don't have a positive answer, but you still need to apply for a Canadian work permit. Jobs that have this status are generally placed in the following categories:
- General policies: In accordance with public policy, Canada tries to attract people who are useful to the country's key industries. For example, Hong Kong residents can immigrate to Canada more quickly under these policies without having to obtain an LMIA. People who are now in Canada and have applied for permanent residence while holding an open work permit are also included in these general policies. Other occupations such as academic researchers and professors, performing artists, and technical workers fall into this category.
- International contracts or agreements: This category includes occupations that the Canadian government has agreed upon with other governments or international organizations that do not require an LMIA permit. Among these jobs, we can mention traders, investors, specialists and senior managers.
- Canada's interests: Some positions that are aligned with Canadian sources also do not require an LMIA. Jobs such as airline personnel, foreign doctors to work in the province of Quebec, athletes, coaches, self-employed business owners, rural and northern immigration program applicants (and their spouses), television and film production workforce, and painters are such.
- People who cannot support themselves without work: People who do not have access to social support services or public funding in Canada fall into this category, and include refugees and people subject to non-enforceable removal orders.
- Vulnerable workers: Canada has taken measures to protect workers who are subject to abuse, exploitation or human trafficking, and those in this situation are exempt from receiving the LMIA. This can include forces that have an “employer-specific work permit”. Among the jobs in this category, we can mention farm or house workers, property caretakers, housekeepers, etc.
- Humanitarian reasons: In exceptional cases, individuals may be exempted from receiving an LMIA on humanitarian grounds or by providing compelling evidence. One of the humanitarian reasons can be a situation where a person's health is endangered by leaving Canada. Indigent students and people who have a six-month temporary work permit are also included in this category.
You can find the full list of LMIA-exempt jobs at this page See and you can check if you can apply for them or not. Also, if you have applied for the express program, some jobs in the express entry program are exempt from LMIA, which we have explained below.
LMIA exempt jobs in Express Entry
Express Entry is one of Canada's most popular immigration programs for professionals and skilled workers, and every year many people immigrate through it and get Canadian permanent residency. If you also want to apply through this program, your Canadian employer must obtain an LMIA permit in addition to making you a job offer. In Canada Express Entry, some occupations are exempt from LMIA and you do not need to provide LMIA under the following conditions:
- You have worked for at least 1 year full-time (or the same amount of part-time work) for your employer with a work permit.
- You have a valid job offer from the same employer; And
- You have a valid work permit that is exempt from LMIA for one of the following reasons:
- Because of an international agreement between Canada and other international governments or organizations
- Because of a Canadian federal-provincial agreement
- Your job is in the category of jobs that have benefits for the Canadian government and citizens, and you can see their full list in this link.
Canada LMIA fee
As we mentioned before, all the work of getting LMIA approval is done by your Canadian employer, and paying the Canadian LMIA fee is also the responsibility of the employer. It is good to know that the employer must pay the Canadian government an application fee of 1000 Canadian dollars for each foreign worker he hires. That is, if he wants to hire 3 foreign workers, he has to pay 3000 CAD application fee. In addition, must pay CAD 230 online as employer compliance. As an employee, you should not pay any of these amounts.
Work through an LMIA permit in Canada
To work in Canada, you need to have a work permit, and to get a work permit, you must have an LMIA permit or an exemption letter. It doesn't matter which of Canada's immigration programs you participate in, you will be dealing with Canada's LMIA anyway. That's why we tried to tell you everything you need to know about Canada's LMIA in this article. We started with what is the LMIA code and the conditions for obtaining it, and we talked about the jobs that are exempt from it and the costs of obtaining LMIA. We hope that you got the answers to your questions and if you still have any questions, be sure to write to us in the comments section so that we can answer you.
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