International Mobility Program (IMP)

An LMIA exemption applies when a Canadian employer is not required to obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker. Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) manage a registry of LMIA exemptions under the International Mobility Program (IMP).

These exemptions are based on the following criteria:

• Significant economic, cultural, or competitive benefits for Canada.
• Reciprocal benefits that Canadians and permanent residents receive.

To hire a foreign worker through the IMP, the Canadian employer must follow three steps:

1. Verify that the position or the worker is eligible for an LMIA exemption.
2. Pay the compliance fee of CAD 230.
3. Submit the official job offer through the IMP employer portal.

Once these steps are completed, the foreign worker can apply for a work permit. LMIA-exempt workers may also benefit from expedited processing of their application if their position corresponds to skill levels A or 0 in the NOC and they apply from abroad, as part of the Global Skills Strategy.

Many LMIA exemptions are offered under international agreements signed between Canada and various countries. Certain types of workers can be transferred to Canada or other countries, provided they demonstrate that this mobility will have a positive impact. Canada has entered into several free trade agreements, each including specific LMIA exemptions, among which are:

• North American Free Trade Agreement (NAFTA)
• Canada-Chile Free Trade Agreement / Canada-Peru Free Trade Agreement / Canada-Colombia Free Trade Agreement / Canada-Korea Free Trade Agreement
• Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union
• General Agreement on Trade in Services (GATS)

Another common category of LMIA exemptions falls under the broad category of exemptions based on Canadian interests. In this context, it must be demonstrated that the exemption serves the best interests of Canada, either by providing a significant benefit to Canadians or by fostering reciprocal hiring relationships with other countries.

To qualify for an LMIA exemption based on significant benefits to Canadians, the employment of a foreign worker must have a notable social or cultural impact. Generally, immigration officers assess the foreign worker’s track record of success and rely on recommendations from recognized experts in their field to determine the extent of the benefits.

Intra-Company Transferees

Another pathway to obtaining an LMIA exemption under significant benefits is the intra-company transferee program. This provision allows certain businesses to transfer a foreign employee to their Canadian subsidiary with the aim of enhancing the company’s performance for the benefit of Canadians.

Although most LMIA exemptions are granted due to international agreements or Canadian interest reasons, there are also several exemptions outside of these frameworks. In some cases, these exemptions are granted for humanitarian reasons. Additionally, certain candidates for permanent residency in Canada may be eligible for a work permit without an LMIA.