The International Mobility Program (IMP) allows Canadian employers to hire temporary foreign workers without requiring a Labour Market Impact Assessment (LMIA). While most employers need an LMIA to recruit foreign workers, certain exemptions apply based on economic, cultural, or other benefits to Canada, as well as reciprocal advantages for Canadians and permanent residents.

• Steps for Employers to Hire Foreign Workers Through the IMP
• Benefits for LMIA-Exempt Foreign Workers Under the Global Skills Strategy – LMIA
• International Experience Canada (IEC)
• Intra-Company Transferees
• Work Permits Under the USMCA
• Work Permits Under the CETA
• FAQ

To hire a foreign worker through the IMP, an employer must:

1. Confirm eligibility for the IMP exemption.
2. Submit the official job offer via the IMP employer portal.
3. Pay the employer compliance fee of CAD 230.

Only after these steps are completed can the foreign worker apply for a work permit.

IEC allows young individuals aged 18 to 35 from certain countries to live and work temporarily in Canada without needing a Labour Market Impact Assessment (LMIA). The work permit’s maximum duration varies by nationality. IEC oversees three categories:

1. Working Holiday
2. Young Professionals
3. International Co-op

The Working Holiday permit provides an open work permit, allowing candidates to work for any employer and change jobs or locations without restrictions. No job offer is needed, and candidates can live in various places while earning income. The advantages of a Working Holiday permit include:

• No job offer from a Canadian employer is required.
• Ability to work for multiple employers.
• Flexibility to live in various locations.
• Opportunity to earn income while traveling.

Canada allocates specific quotas for candidates from each country, impacting success rates. Applicants should check their country’s quotas to maximize their chances.

The Young Professionals category allows candidates to gain professional experience in Canada by working for a specific Canadian employer. Candidates need a job offer from a Canadian employer and will receive a work permit tied to that employer.

• Must have a job offer from a Canadian employer supporting professional development.
• Must work for the same employer at the same location during their stay.
• Positions should align with Training, Education, Experience and Responsibilities (TEER) category 0, 1, 2 or 3 of the National Occupational Classification (NOC).
  

The International Co-op category allows foreign students to complete internships or work placements in Canada as part of their post-secondary studies. Candidates must have a job offer related to their field of study. This program is designed for international students who:

• Are enrolled in a post-secondary educational institution.
• Have a job offer for a placement or internship in Canada.
• Need the placement or internship to complete their studies.
• Are willing to work for the same employer at the same location during their stay in Canada.

The IMP allows highly skilled foreign workers to temporarily work in Canada through intra-company transfers. Employees of multinational companies based outside Canada may be eligible for a work permit exempt from the Labour Market Impact Assessment (LMIA) to transfer to one of the company’s Canadian branches.

The foreign and Canadian entities must have a qualifying relationship, such as parent, subsidiary, branch, or affiliate, and must maintain an ongoing business relationship involving the regular supply of goods and services. Mere presence in Canada is not sufficient to meet this requirement.

To qualify, the employee must:

1. Be employed by a multinational company seeking to establish or maintain a presence in Canada.
2. The Canadian company must have a proper relationship with the foreign entity.
3. The employee must be applying for an executive, managerial, or specialized knowledge position in Canada.
4. The employee must have worked for the company for at least one year full-time within the past three years.

A position is considered to require executive skills if it involves managing the organization or a significant part of it, setting objectives and policies, making important decisions independently, and receiving only general direction from senior management or the board. Managerial skills involve managing an organization, department, or major function, supervising other supervisors or professionals, having authority for staffing decisions, and exercising discretion over daily operations.

Specialized knowledge refers to proprietary expertise or advanced expertise. Proprietary knowledge is specific to the company’s products or services, while advanced expertise involves significant and recent experience used to enhance productivity.

The USMCA, signed on November 30, 2018, is a trade agreement between Canada, the United States, and Mexico, also known as NAFTA 2.0. It provides simplified access to Canadian work permits for eligible Mexican and American citizens under conditions similar to those of NAFTA.

The USMCA facilitates Canadian work permits for US or Mexican citizens in the following scenarios:

1. USMCA Professionals
2. Intra-Company Transferees (USMCA)
3. USMCA Investors
4. USMCA Traders
5. USMCA Business Visitors

USMCA Professionals must:

• Be a US or Mexican citizen.
• Have qualifications in a profession recognized by the USMCA.
• Possess a pre-arranged job offer from a Canadian employer.

To qualify, the employee must:

• Be a US or Mexican citizen.
• Seek a role in Canada as an executive, manager, or in a specialized knowledge position.
• Have worked full-time for the company for at least one year prior to applying.
• The company must demonstrate a qualifying relationship with the Canadian entity.

To qualify as an investor, the applicant must:

• Be a US or Mexican citizen.
• Own a business in the US or Mexico (ownership, not place of incorporation, determines eligibility).
• Have made or plan to make a significant capital investment in Canada.
• If employed, hold a managerial or supervisory position or one requiring essential skills.

USMCA Traders must:

• Be a US or Mexican citizen.
• Own a business in the US or Mexico (ownership determines eligibility).
• Demonstrate significant trade in goods or services between the US or Mexico and Canada.
• If employed, hold a managerial or supervisory position or one requiring essential skills.

USMCA Business Visitors must:

• Be a US or Mexican citizen.
• Engage in international business activities.
• Demonstrate that they do not intend to enter the Canadian labor market by proving their primary source of remuneration and business location are outside Canada.

The Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union (EU), effective September 21, 2017, provides unique opportunities for EU citizens to work in Canada. Foreign nationals covered by CETA provisions may be authorized to work in Canada without requiring an LMIA or work permit.

Under CETA, European Union citizens can obtain Canadian work permits more easily in the following four scenarios:

1. Business Visitors:

   • Investment Purposes: Executives or specialists setting up a business in Canada who cannot engage with the public or receive payment from Canadian sources.
   • Short-Term Visitors: Commercial professionals visiting for specific activities, without selling goods or services to the public or receiving payment from Canadian sources.

2. Intra-Company Transfers:

   • Employees of an EU company who have been employed for at least one year and are temporarily transferred to a Canadian company with a qualifying relationship.

3. Investors:

   • EU investors establishing, developing, or managing an investment in Canada, or holding a supervisory or managerial role, with a substantial investment planned or made in Canada.

4. Contractual Service Suppliers and Independent Professionals:

   • EU citizens providing temporary services for up to one year, with the service covered by a National Occupational Classification (NOC) code listed in Canada’s CETA commitments.

For detailed criteria or additional information, please contact us.

Hiring a lawyer for an LMIA-exempt Canadian work permit is beneficial because immigration laws are complex and navigating them can be challenging. A lawyer provides expert guidance to ensure that your application is meticulously prepared and compliant with all regulations, reducing the risk of errors and delays. They offer personalized advice tailored to your specific situation, handle any complications that may arise, and help you present the strongest possible case, ultimately streamlining the process and increasing your chances of approval. Their expertise not only maximizes your opportunities but also provides peace of mind, allowing you to focus on your professional objectives.

FAQ