Major LMIA-Exempt Work Permit Changes in Canada: 2024 Year in Review

13 Jan 2025

Major LMIA-Exempt Work Permit Changes in Canada: 2024 Year in Review

In 2024, the Canadian government introduced several changes to LMIA-exempt work permits, significantly impacting foreign nationals seeking employment in Canada outside of the Labour Market Impact Assessment (LMIA)-based Temporary Foreign Worker Program (TFWP) and the Post-Graduation Work Permit (PGWP) program. Here's a simple breakdown of these key changes.

1. Mexicans Now Require Visas for Entry

Effective February 29, 2024, Mexican nationals are no longer exempt from Temporary Resident Visas (TRVs). While previously able to apply for some work permits at Canadian ports of entry, they must now obtain a visa or meet stricter criteria for electronic travel authorizations (eTAs).

Eligibility for an eTA now includes:

Transiting through Canada or flying in for a temporary stay of six months or less.
Holding a valid U.S. nonimmigrant visa or having had a Canadian visitor visa in the past 10 years.
This change was driven by a rise in asylum claims from Mexican nationals in 2023.

2. Restrictions on Spousal Open Work Permits (SOWPs)

Starting March 19, 2024, spouses of students in most college and undergraduate programs became ineligible for SOWPs. Exceptions remain for spouses of students in specific programs, such as dentistry, medicine, engineering, and nursing.
Further restrictions were announced in September, limiting SOWP eligibility for:

Spouses of master’s students (only if the program is 16+ months long).
Spouses of work permit holders employed in specialized occupations like healthcare, engineering, or construction.

3. New Work Permit Under the Global Hypergrowth Project

On April 15, 2024, a new LMIA-exempt work permit under the Innovation Stream was introduced. It allows foreign nationals with high-skilled job offers from select companies (e.g., Clio, Lightspeed Commerce) to apply for permits lasting up to five years. This pilot runs until March 22, 2026.

4. Open Work Permits for Provincial Nominee Program (PNP) Candidates

As of August 11, 2024, PNP candidates can apply for open work permits under specific conditions, such as holding a valid work permit or having applied for a new one. This temporary policy, implemented to provide continuous work authorization, ended on December 31, 2024.

5. End of Pandemic-Era Public Policies

IRCC ended several COVID-19 policies on August 28, 2024, including measures allowing visitors to apply for work permits from within Canada. These policies had supported foreign nationals stranded during the pandemic and addressed labor shortages but are no longer in effect.

6. Updates to Intra-Company Transfer (ICT) Work Permits

On October 3, 2024, IRCC clarified eligibility for ICT permits. Applicants must work for multinational corporations and demonstrate specialized knowledge. This change aims to prevent misuse of ICT permits for transferring general workforce members.

7. TR to PR Pathway Policy Extended

The TR to PR Pathway open work permit policy was extended until December 31, 2026. Eligible applicants awaiting permanent residency decisions can apply for open work permits. Family members are also eligible.

8. Ban on Flagpoling

Effective December 23, 2024, flagpoling—seeking same-day immigration processing at ports of entry—was banned. Exceptions exist for U.S. citizens, free trade agreement professionals, and others. This ban followed earlier restrictions for PGWP applicants in June 2024.

9. Introduction of Targets for Temporary Resident Work Permits

The Immigration Levels Plan for 2025–2027 introduced specific targets for new work permits under the International Mobility Program (IMP). These limits aim to reduce temporary residents as a percentage of Canada’s population from 7% in 2024 to 5% by 2026.