While an LMIA is usually required for a Canadian employer to hire a temporary foreign worker, there are a number of exemptions to the LMIA requirement.

Open work permits

An open work permit allows the holder to work for any employer in Canada. You don’t have to submit an offer of employment form or pay the employer compliance fee if you hire a temporary worker with an open work permit.
Some of the common work permits that are exempt from LMIA are as follow:

Competitiveness and public policy exemption codes:

• Spouses or common-law partners of skilled workers
• Spouses or common-law partners of full-time students
• Post-grad employment
• Post-doctoral Ph.D. fellows and award recipients
• Off-campus employmen
• Charitable or religious work exemption code

Permanent residence applicants in Canada

• Live-in-caregiver class
• Spouse or common-law partner in Canada class
• Protected persons under subsection A95(2)
• Section A25 exemption (humanitarian and compassionate grounds)
• Family members of the above

Canada-provincial/territorial exemption codes

• Canada-provincial/territorial
• Atlantic Immigration Program

To find out more about other existing LMIA exemption work contact our office or fill out our free assessment.

PGWP

Students who have graduated from qualifying Canadian designated learning institutions (DLIs) can apply for an open work permit and get important Canadian job experience under the Post-Graduation Work Permit Program (PGWPP). Skilled Canadian work experience obtained through the PGWPP in National Occupational Classification (NOC) skill type 0 or skill levels A or B helps graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry. A post-graduation work visa for a minimum of 8 months and a maximum of 3 years may be awarded dependent on the length of the study program.

Please note that applicants can receive only 1 post-graduation work permit in their lifetime.
To be eligible for a post-graduation work permit, the applicant must be in possession of a valid temporary work permit or have already left Canada. They must also provide proof that they meet all of the following requirements:

• They have finished an academic, vocational, or professional training program of at least 8 months duration at a qualifying institution in Canada that leads to a degree, diploma, or certificate.
• They have been registered as full-time students in Canada for each academic session of the program or programs of study they have finished and submitted as part of their post-graduation work visa application. The following are the only exceptions that can be made:
  • leave from studies
  • Final academic session
  • They have obtained a transcript and an official letter from the eligible DLI indicating that they have completed their program of study requirements.

The transcript and official letter must be included in a post-graduation work permit application.

Please contact us to find out how Covid-19 affected these rules and criteria.