LMIA- Labor Market Impact Assessment from Employment and Social Development Canada (ESDC)
Find out if you need an LMIA
Most employers do need an LMIA. Before Hiring, you must determine if you need LMIA or not.
An LMIA confirms
· there is a need for a temporary foreign worker
· no Canadians or permanent residents are available to do the job
Check the LMIA exemption codes and work permit exemptions, in order to see if you need LMIA or not.
o select the LMIA exemption or work permit code that seems most relevant to your hiring situation and read the detailed description
o if an exemption code applies to you, you’ll need to include it in your offer of employment
or
· contact the International Mobility Workers Unit (IMWU)
o available only if you’re hiring a temporary foreign worker who is both
§ currently outside Canada
§ from a country whose nationals are visa-exempt
LMIA EXEMPTION CODES
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR) provide the regulatory authority to issue a work permit to a worker who does not require a Labour Market Impact Assessment (LMIA). The LMIA exemption codes are listed in the following tables.
· R204: International agreements
· R206: No other means of support
· R207: Permanent residence applicants in Canada
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R204(a) Canada-international exemption codes |
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Regulation |
LMIA exemption code |
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Non-trade Unique work situations: · Airline personnel (operational, technical and ground personnel) |
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Trader (FTA) |
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Investor (FTA) |
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Professional/technician (FTA) |
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Intra-company transferee (FTA) |
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Spouse (Colombia or Korea FTA) |
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GATS professional |
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Investor (CETA) |
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Contractual service supplier (CETA) |
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Independent professional (CETA) |
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Intra-corporate (company) transferee (CETA) |
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Spouse (CETA) |
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Investor (CPTPP) |
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Intra-company transferee (CPTPP) |
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Professional or technician (CPTPP) |
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Spouse (CPTPP) |
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There are no approved agreements at this time
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R204(c) Canada-provincial/territorial exemption codes |
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Regulation |
LMIA exemption code |
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Canada-provincial/territorial |
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Atlantic Immigration Pilot Program |
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R205(a) Significant benefit exemption codes |
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Regulation |
LMIA exemption code |
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Significant benefit Unique work situations: · Airline personnel (foreign airline security guards) · Rail grinder operators, rail welders or other specialized track maintenance workers · Experts on mission, working for a United Nations office in Canada |
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Entrepreneurs Unique work situations: · Fishing guides (Canadian lakes) |
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Intra-company transferees (including GATS) Unique work situations |
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Emergency repair or repair personnel for out-of-warranty equipment |
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Television and film production workers |
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Francophone mobility |
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Live-in caregivers whose permanent residence application is submitted |
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Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit) |
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Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP |
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Bridging open work permits (BOWPs) |
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Unique work situations · Certain Quebec Selection Certificate (CSQ) holders currently in Quebec
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R205(b) Reciprocal employment exemption codes |
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Regulation |
LMIA exemption code |
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Reciprocal employment Unique work situations: · Fishing guides (border lakes) |
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Youth exchange programs |
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Academic exchanges (professors, visiting lecturers |
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Performing arts |
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R205(c)(i) Research exemption codes |
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Regulation |
LMIA exemption code |
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Research |
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i.1) Educational co-op – post-secondary |
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i.2) Educational co-op – secondary level |
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R205(c)(ii) Competitiveness and public policy exemption codes |
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Regulation |
LMIA exemption code |
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Spouses of skilled workers |
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Spouses of students |
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Post-grad employment |
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Post-doctoral Ph.D. fellows and award recipients |
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Off-campus employment |
See the instructions concerning students |
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Medical residents and fellows |
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R205(d) Charitable or religious work exemption code |
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Regulation |
LMIA exemption code |
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Religious work |
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Charitable work |
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R206 exemption codes |
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Regulation |
LMIA exemption code |
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a. Refugee claimants |
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b. Persons under an unenforceable removal order |
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R207 exemption codes |
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Regulation |
LMIA exemption code |
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Permanent residence applicants in Canada: a. Live-in-caregiver class b. Spouse or common-law partner in Canada class c. Protected persons under subsection A95(2) d. Section A25 exemption (humanitarian and compassionate grounds) e. Family members of the above |
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R207.1 exemption codes |
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Regulation |
LMIA exemption code |
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1. Vulnerable workers |
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2. Family member of vulnerable worker |
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R208 exemption codes |
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Regulation |
LMIA exemption code |
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a. Destitute students |
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b. Holders of a temporary resident permit valid for a minimum of six months |
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