LMIA-exempt work permits

Overview

LMIA-exempt work permits

An LMIA exemption removes the labour-market assessment; it does not normally remove the work-permit requirement. The employer and worker must identify the correct exemption code and meet every condition.

The exemption must fit the facts

Common bases include trade agreements, reciprocal employment, significant benefit, Francophone Mobility, intra-company transfers and federal-provincial agreements. Each has its own nationality, occupation, experience or public-policy test.

An employer cannot label a job LMIA-exempt simply because hiring is urgent.

Most employers submit an IMP offer

Before an employer-specific application, the employer normally enters the job in the Employer Portal, pays the compliance fee and gives the worker the offer number. Limited employers and categories are exempt from that step.

The portal wage, duties and location should match the contract and permit application.

IRCC assesses the exemption again

An Employer Portal submission is not an approval. The officer decides whether the worker and job satisfy the exemption and general work-permit requirements.

Keep corporate, relationship, qualification and recruitment evidence appropriate to the chosen code.

Compliance still applies

IMP employers can be inspected and must provide substantially the same occupation, wages and conditions as offered. Records generally need to be retained for six years.

Non-compliance can lead to penalties, bans and publication on IRCC’s list.