LMIA-Exempt Work Permit

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The following sections of the Immigration and Refugee Protection Regulations (IRPR) provide the IRCC with the regulatory authority to issue a work permit for temporary positions that do not require a Labour Market Impact Assessment (LMIA).


• R204: International agreements – Canada-International Free Trade Agreements (FTA) (CUSMA/USMCA, GATS, CETA, CPTP, ETC.), Canada-International Non-Trade Agreements (SITA, IATA, etc.);
• R205: Canadian interests (Significant benefit (unique work situations), Reciprocal employment, research, competitiveness and public policy, Charitable or religious work)
• R206: No other means of support (Refugee claimants, and persons under unenforceable removal orders)
• R207: Permanent residence applicants in Canada (spouse or common-law partner in Canada, Convention refugees, successful pre-removal risk assessment applicants,
• R208: Humanitarian reasons (holder of a Temporary Resident Permit of 6 months or more with no means of support)
Under these regulations, employers can avoid the lengthy and complex LMIA process.

Exemptions apply to the following types of Work permits:

  • Work permit for a start-up visa entrepreneur if they do not intend to immigrate to Canada;
  • Work permit for the key personnel for the new start-up visa office;
  • Work Permit for employees of international Organizations with divisions in Canada, under the International Mobility Program (IMP), Canada’s International Agreements and Non-trade-related agreements;
  • Work permit for after-sales service specialists (installation, repair or maintenance of industrial or commercial equipment)

Intracompany transfer (ICT) – existing subsidiary in Canada

The first key element of an LMIA-exempt application is to establish the relationship between the Canadian organization and the parent company, branch or affiliate outside Canada. To be eligible for the intra-company transfer to the Canadian office, the foreign national eligible must have been employed for a minimum of one year in the same position by the parent company, subsidiary, branch or affiliate company outside Canada. The transferred personnel have the option to be joined by their family members for the period they will work in Canada. Contact us for exploring the best options for the employer and for your transferees.

LMIA-exempt applications involve two phases:

1) The employer must submit an offer of employment to the IRCC, together with the employer compliance fee, and provide the foreign national with the offer of employment number (the AA number); and
2) The work permit application, together with a visitor visa for each family member, spouse work permit, and/or dependent children study permit/visitor record, depending on the situation.
Note: If your job is at the NOC 0 (managerial, executive) or NOC A (professional) level, you may be eligible for a two-week application processing.
The application must be submitted online, must be complete, and the application fees must be paid correctly.

Start-Up Intra-Company Transfer Work Permits – (New Office)

Before making the LMIA-exempt work permit application, the Canadian company must register or incorporate in Canada, so the qualifying company relationship between the entities is established.

International Experience Canada (IEC) Work Permit

A work permit under this category is meant for youth between 18 and 35 years from a country of citizenship that has an agreement with Canada that allows applying for an IEC work permit. There are three categories, but not all three are applicable to all countries: working holiday, young professionals and international Co-op internship.

The working holiday category provides an open work permit, while the young professionals and the international Co-op internship provide employer-specific work permits.

It is important to keep updated, as the eligibility requirements for countries and categories are continuously changing.

For example, Chilean citizens may participate in IEC twice, under any of the three categories. Under the Young Professionals category, Chilean citizens, particularly post-secondary graduates, who wish to further their careers by gaining professional work experience in Canada for up to 12 months can submit their profile to the pool. To be eligible, the Chilean citizen must:

• be of age between the ages of 18 and 35 (inclusive)
• have a signed letter of offer or contract of employment in Canada—the employment offer must be in their field of expertise and enhance their professional development
• provide proof of financial resources to help cover expenses in Canada, and to purchase a departure ticket at the end of the authorized stay in Canada
• provide evidence of health insurance
• not be accompanied by dependents
• be admissible to Canada.

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