How Temporary Foreign Workers Can Get a Job in Canada Without an LMIA

Understanding Work Permits in Canada

Work permits for foreign nationals in Canada fall into two categories: those requiring a Labour Market Impact Assessment (LMIA) and those that don't. An LMIA is a document that some Canadian employers need from Employment and Social Development Canada (ESDC) to prove hiring a foreign worker won’t negatively impact the Canadian labor market.

International Agreements Allowing LMIA Exemptions

Certain international agreements allow Canadian employers to hire temporary foreign workers (TFWs) from specific countries without needing an LMIA. These agreements help streamline the hiring process for certain occupations.

Hiring Traders Without an LMIA

Canadian employers can hire traders from the following countries without an LMIA:

• United States
• Mexico
• Colombia
• Chile
• South Korea
• Peru
  
  

This is due to international agreements like the Canada-United States-Mexico Agreement (CUSMA). Under CUSMA, American citizens can work in Canada without needing a Temporary Resident Visa (TRV). However, Mexican citizens need a TRV unless they meet specific criteria such as entering Canada by air for a short visit or having held a Canadian or U.S. visa in the past 10 years.

A trader typically engages in substantial trade of goods or services between Canada and their home country.

Hiring Investors Without an LMIA

Investors from these countries can be hired without an LMIA:

• United States
• Mexico
• Colombia
• Chile
• South Korea
• Peru
• European Union (under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA))
• United Kingdom
• Trans-Pacific Partnership (CPTPP) member countries
  
  

An investor is someone who has made a significant investment in a Canadian business and is coming to Canada to manage that business.

Hiring Professionals Without an LMIA

Professionals from the following countries can be hired without an LMIA:

• United States
• Mexico
• Colombia
• Chile
• Panama
• Peru
• GATS (General Agreement on Trade in Services) member nations
• Trans-Pacific Partnership (CPTPP) member countries
  
  

Each free trade agreement (FTA) defines a professional differently. Generally, a professional has pre-arranged employment in Canada in a role matching their qualifications.

Intra-Company Transfers (ICTs)

ICTs allow employees of foreign companies to transfer to a branch, subsidiary, or affiliate in Canada without an LMIA. This applies to:

• Executives or senior managers from countries including the UK, CPTPP nations, CETA nations, Peru, South Korea, Chile, Colombia, the U.S., and Mexico
• Specialized knowledge workers from the same countries
• Management trainees from the UK, CPTPP nations, Peru, South Korea, and Colombia
• Graduate trainees from CETA nations
  
  

Other LMIA Exemptions

Some international agreements provide LMIA exemptions for specific occupations and relationships:

• Unique work situations: Airline personnel, U.S. government personnel
• Technicians: From Colombia, Panama, Peru, and CPTPP nations
• Spouses: From Colombia, South Korea, CPTPP nations, CETA nations (spouses of ICTs), and the UK (spouses of ICTs)
• Contract service suppliers or independent professionals: From South Korea, CETA nations, and the UK

These exemptions simplify the process for employers and help TFWs find employment in Canada more easily.