News
August 6, 2024

How Temporary Foreign Workers Can Work in Canada Without an LMIA

In Canada, foreign workers can get work permits in two main ways: some require a Labour Market Impact Assessment (LMIA), and some do not. An LMIA is a document that some employers need to show that hiring a temporary foreign worker won’t negatively impact the Canadian job market.

However, thanks to various international agreements, some temporary foreign workers (TFWs) can work in Canada without needing an LMIA.

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International Agreements Allowing LMIA Exemptions
Canada has several international agreements that allow employers to hire TFWs from certain countries without an LMIA. These agreements include the Canada-United States-Mexico Agreement (CUSMA), the Comprehensive Economic and Trade Agreement (CETA) with the European Union, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

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Who Can Work Without an LMIA?
Here’s a look at the types of jobs and the countries where workers can come from without needing an LMIA:

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1. Traders
Traders from these countries can work in Canada without an LMIA:

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

Under these agreements, a trader is someone involved in significant trade of goods or services between Canada and their home country.

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2. Investors
Investors from these countries/regions can work in Canada without an LMIA:

- United States
- Mexico
- Colombia
- Chile
- South Korea
- Peru
- European Union (through CETA)
- United Kingdom
- Some Trans-Pacific countries (like Australia, Japan, and Singapore through CPTPP)

An investor is someone who has invested substantially in a Canadian business and comes to Canada to help run that business.

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3. Professionals
Professionals from these countries can work without an LMIA:

- United States
- Mexico
- Colombia
- Chile
- Panama
- Peru
- GATS Member Nations
- Some Trans-Pacific countries (through CPTPP)

A professional typically has a pre-arranged job or service contract in Canada in their field of expertise.

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Intra-Company Transfers (ICTs)
ICTs allow employees of multinational companies to work temporarily in Canada at a branch or affiliate of their employer. These transfers can happen without an LMIA and are available to workers from many countries, especially those with specific international agreements.

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Other Exemptions
There are additional situations where foreign workers can be hired without an LMIA, such as:

- Airline and government personnel from the United States
- Technicians from Colombia, Panama, and Peru
- Spouses of certain workers from countries like South Korea and EU member states
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These exceptions are part of Canada’s efforts to support trade and business relations with other countries while maintaining its labor market needs.

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