Hire a temporary foreign worker with a Labour Market Impact Assessment

Determine which type of Labour Market Impact Assessment (LMIA) application you should submit to hire a temporary foreign worker (TFW). Understand your responsibilities when hiring under the Temporary Foreign Worker Program. Below are the categories in which a Foreign Worker can check in which stream he would be eligible to apply;

 

1. High and Low wage Positions

2. Primary agriculture Positions

3. applications to support Permanent Residency

4. Global Talent Stream

5. Caregiver Positions

6. Academic Positions

 

Exemptions to LMIA Requirements

International Agreements

A significant number of LMIA-exemptions are available through international agreements between Canada and other countries. Certain types of employees can transfer to Canada from other countries, and vice versa, if they are able to demonstrate this will have a positive impact. Canada has negotiated the following Free Trade Agreements, each encompassing a range of LMIA-exemptions:

• North American Free Trade Agreement (NAFTA)

• Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA

• Canada-European Union Comprehensive Economic and Trade Agreement (CETA)

• General Agreement on Trade in Services (GATS)

• The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

 

Canadian Interest Exemptions

Another popular category of LMIA-exemptions fall under the broad category of Canadian Interest exemptions. LMIA-exemptions under this category must demonstrate that the exemption will be in the best interest of Canada, either by being of significant benefit to Canadians or through the maintenance of reciprocal employment relationships with other nations.

In order to qualify for an LMIA-exemption under the category of significant benefit for Canadians, the employment of a foreign national must demonstrate significant social or cultural benefit to Canada. Generally, immigration officers will assess a foreign national’s past track record of success and examine testimony and recommendations of distinguished experts in the foreign nationals field in order to determine significant benefit.

Some of the examples include, but are not limited to:

• C10 Significant benefits – unique work situations

• C11 Entrepreneurs – unique work situations

• C12 Intra-company transferees 

• C13 Emergency repair or repair personnel for out-of-warranty equipment

• C14 Television and film production workers

• C16 Francophone mobility

• A71 Live-in caregivers whose permanent residence application is submitted

• C90 Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)