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International Mobility Program
LMIA EXEMPT WORK PERMITS
The International Mobility Program allows Canadian employers to hire Temporary Foreign Workers without a positive LMIA.
To Gain the COMPETITIVE edge
Many employers want to hire local workers but have trouble filling vacancies. If this is your experience, it may be time to broaden your search.
Hiring Internationally Trained Workers (ITW) may give your company a competitive advantage for new growth and add revenue to your bottom line.
Consider the advantages of hiring internationally trained workers:
- Fill vacancies with qualified people. Many ITWs have the skills and talents to help your business.
- Increase effectiveness. ITWs can give you a new perspective and bring fresh ways of thinking and problem-solving.
- Increase the reach of your business. Many ITWs bring cultural richness and speak languages other than English. This experience can help your business connect with new markets, customers, and prospective employees.
Hiring workers from overseas and helping them immigrate to Canada through one of several federal or provincial/territorial immigration programs can be complex and time-consuming. Hiring professionals experienced in Canadian immigration paralegals
Work Permit Categories That Do Not Require a LMIA
Work permit categories that do not require a Labor Market Impact Assessment (LMIA) fall under the International Mobility Program, administered by Citizenship and Immigration Canada.
The work must provide broad economic, cultural or other competitive advantages and reciprocal benefits for Canada and its citizens and residents.
Intra-Company Transferees
The intra-company transfer category is one of the most popular ways for global companies to bring Temporary Foreign Workers (TFW) to Canada. The category is open to nationals of any country who:
• Are currently employed by an international affiliate of the Canadian employing company. There are specific guidelines regarding which corporate relationships qualify;
• Have been employed by the international affiliate on a full-time, continuous basis for at least one year in the three years preceding the transfer request to Canada;
• Have been employed by the international affiliate in an executive, senior managerial or specialized knowledge role.
The Immigration, Refugee and Citizenship Canada (IRCC) has set specific specialized knowledge guidelines.
Generally, it means an employee who has an advanced level of expertise and proprietary knowledge of the company's product, service, research, equipment, techniques or management and where is uncommon in the organization;
• Are being transferred from their role abroad to a similar role in Canada; and
• Are not inadmissible and will comply with existing immigration regulations related to the temporary entry.
The intra-company transfer category requires the Canadian company to do business in Canada actively, and international businesses with affiliated Canadian start-up operations can use this category. Still, the transferees' initial work permit duration will be limited to ensure the company is viable before IRCC issues a more extended work permit.
Intra-company transferees in specialized knowledge roles can extend their work permits for up to five years. TFWs in executive or senior managerial positions can extend for up to seven years.
Work permit durations counted in terms of physical presence in Canada, so if a TFW has spent time outside of Canada, they may be able to recapture that time toward their total duration.
Canadian immigration can give your company the competitive edge.
Free Trade Agreement Professionals
Give Your Business the Competitive Edge
Canada is a party to several international free trade agreements (FTA) that include LMIA-exempt work permit categories to facilitate trade and business between member countries.
Free Trade Agreements (FTA)
Canada-United States-Mexico Agreement (CUSMA)
Canada-United States-Mexico Agreement (CUSMA)
Canada is a party to several international Free Trade agreements (FTA) that include LMIA-exempt work permits to facilitate trade between member countries.
The United States, Mexico, Peru, Chile, Korea, European Union, United Kingdom, Northern Ireland, Colombia and ten countries under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP) all have Free Trade Agreements with Canada that provide less rigorous requirements for intra-company transfers.
Canada's FTA varies widely in their coverage of different labour mobility. FTA can ensure ongoing labour competitiveness and either level the playing field or gain a competitive advantage over international business competitors.
Highlights of the most popular FTAs used to bring temporary foreign workers and professionals to Canada are included below.
Canada-United States-Mexico Agreement (CUSMA)
Canada-United States-Mexico Agreement (CUSMA)
Canada-United States-Mexico Agreement (CUSMA)
The Canada-United States- Mexico Agreement (CUSMA), Formerly known as NAFTA, has made it much easier for citizens of the United States and Mexico to work in Canada. For now, American and Mexican citizens gain temporary entry into Canada to conduct business or investment activities.
Most other Canadian work permits need a “Labour Market Impact Assessment,” known as a “LIMA.” This is the significant advantage of CUSMA, whereby an LMIA is not required.
If the employee qualifies for a CUSMA work permit, the application process can be completed in just a few days, compared with other work permits.
These four specific categories of business people benefit from the CUSMA provisions: business visitors, professionals, intra-company transferees, and traders and investors. CUSMA is also a potential pathway to permanent residence in Canada.
They can also exempt business visitors from obtaining a work permit to conduct business activities in Canada, provided specific requirements are met. Professionals, intra-company transferees, traders, and investors will still require a work permit.
We can help the employer and the employee with every step of the CUSMA application process.
Canada-Korea Free Trade Agreement (CKFTA)
Canada-Chile Free Trade Agreement (CCFTA)
Canada-Chile Free Trade Agreement (CCFTA)
The Canada-Korea Free Trade Agreement (CKFTA) mirrors the CUSMA closely, but there are several differences, specifically concerning Business Visitors and Professionals.
The CKFTA also allows an additional category under the Intra-Company Transferee stream for Management Trainees on Professional development assignments.
Canada-Chile Free Trade Agreement (CCFTA)
Canada-Chile Free Trade Agreement (CCFTA)
Canada-Chile Free Trade Agreement (CCFTA)
The Canada-Chile Free Trade Agreement (CCFTA) also mirrors the CUSMA but has its list of designated professionals and required educational and credential criteria based on the Chilean education system.
This category only applies to Chilean nationals, and permanent residents do not qualify. Workers eligible under the CCFTA can obtain work permits valid for one year, with one-year renewals allowed.
Canada-Columbia Free Trade Agreement (CCoFTA)
Canada-Columbia Free Trade Agreement (CCoFTA)
Canada-Columbia Free Trade Agreement (CCoFTA)
The Canada-Colombia Free Trade Agreement (CCoFTA) is to the Canada-Peru FTA, including a negative list of professionals who do not qualify and a list of technicians who do qualify.
This category is open to Colombian citizens and permanent residents. Workers eligible under the Canada-Colombia FTA can obtain work permits valid for one-year, with one-year renewals allowed.
Canada-Peru Free Trade Agreement (CPFTA)
Canada-Columbia Free Trade Agreement (CCoFTA)
Canada-Columbia Free Trade Agreement (CCoFTA)
The Canada-Peru Free Trade Agreement(CPFTA) is more inclusive than the FTAs above. There is a list of technicians in the CPFTA that qualify, including many engineering professionals.
Generally, any profession classified as high-skilled by the Canadian government that is not excluded by this agreement will also qualify.
In contrast to the other FTAs, professions that do not qualify are indicated in a negative list in the CPFTA, including health, education, social services, and cultural professions.
This category is open to both Peruvian nationals and permanent residents. Workers eligible under the CPPTA can obtain work permits valid for one year, with one-year renewals allowed.
Canada-Panama Free Trade Agreement (CPFTA)
General Agreement on Trade Services (GATS)
General Agreement on Trade Services (GATS)
(Canada Panama FTA) is one of many free trade agreements Canada has signed with countries in the Americas. Like its counterparts, Canada Panama FTA is modelled on the CUSMA Agreement. Consequently, most rules and requirements are identical.
Like CUSMA, the agreement facilitates entry of four categories of applicants:
- business visitors
- professionals
- intra-company transferees
- traders and investors
For the time being, only the provisions for business visitors and professionals have come into force. Above all, to hire a worker from Panama, the only suitable category are Professionals.
General Agreement on Trade Services (GATS)
General Agreement on Trade Services (GATS)
General Agreement on Trade Services (GATS)
The General Agreement on Trade in Services (GATS) allows citizens of countries party to the World Trade Organization to obtain work permits valid for three months in any twelve months when qualified to work a designated profession, as covered under the GATS, such as:
- Engineer
- Agrologists
- Architects
- Forestry Professionals
- Geomatic Professionals
- Land Surveyors
- Urban Planners
- Senior Computer Specialist
The requirements under the GATS are more restrictive than under other FTAs. This category is most useful for short- term 90 Day assignments or to bring qualified workers to Canada without delay. At the same time, an employer completes the LMIA process or finds an alternative strategy.
I am a company looking to hire Foreign workers
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