LMIA Exemptions, Requirements and Conditions

Immigration to Canada on a closed work permit is one of the most common pathways to becoming a temporary resident in Canada and eventually a permanent resident. To be eligible, the applicant must provide a qualified job offer from a Canadian business. Unfortunately, getting an approval for a work permit through the LMIA system does not only depend on finding any simple job offer. There are many criterias for both the applicant and the employer. The process can also be lengthy and costly. Therefore, the first thing any law firm should do is find out if their client is eligible for a work permit that is exempt from obtaining a LMIA approval.


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) as per subparagraphs 200(1)(c)(i) to (ii.1).


The following will explore all the legislative sections mentioned in the Immigration and Refugee Protection Regulations (IRPR):


A25.2 : Public Policies

  • Concern Hong Kong Residents

R204 : International Agreements or Arrangements

  • Concerns Airline personnel as well as government personnel.
  • Agreements with several countries such as : United States, Mexico, Chile, Columbia, Korea, Peru, European Union, UK, Ireland and Panama.

R205 : Canadian Interests

  • Concerns Airline personnel as well as important governmental and political interventions.

R206: No other means of support

  • Concerns Refugee plainants and persons under under an unenforceable removal order.

R207: Permanent Residence Applicants in Canada

  • Concerns the following people:
    • Live-in-caregiver class
    • Spouse or common-law partner in Canada class
    • Protected persons under subsection A95(2)
    • Section A25 exemption (humanitarian and compassionate grounds)
    • Family members of the above


R207.1 : Vulnerable Workers

  • Migrant workers in Canada on valid employer-specific work permits who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada may be eligible to receive an open work permit that is exempt from the Labour Market Impact Assessment (LMIA) process, per section 207.1of the Immigration and Refugee Protection Regulations (IRPR).

R208: Humanitarian Reasons

  • study permit holders who have become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study or
  • temporary resident permit (TRP) holders where the TRP was issued under subsection 24(1)of the Immigration and Refugee Protection Act (IRPA) and is valid for at least 6 months


*** Information taken from IRCC governmental website regarding LMIA exempt work permits.***


For further information and on how to begin your application to enter Canada, please contact our law firm, it would be our pleasure to help!


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Legal services to be provided by our office (“Rebibo Law Offices”) will consist of an “Eligibility Review” (Assessment) conducted by one of our experienced immigration attorneys or migration agents. Our office will request from you (the “Applicant”) a detailed list of personal information and/or documents, and once received, one of our experienced immigration attorneys or migration agents will conduct a thorough analysis and provide you with a comprehensive Eligibility Review Report that identifies the relevant temporary and permanent relocation options that may be available to you in Canada.

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Package 1: Assessment for One Country Our legal fee to review the Applicant’s Eligibility for one country is 470.

Full payment must be made before this legal service is provided. The above fee does not include VAT (if applicable), government fees, translations, post or courier fees, or fees for any other service provided by our office such as legal consultations, application processes, or fees for any other legal or administrative service provided by our office or any other party. Please note that you if you will not be found eligible for any process in package two or package three you can be refunded. Scope of Service

The payment mentioned above is for the Eligibility Review only. If after we determine that you may be eligible for a visa, permanent residency, citizenship, or other status, you choose to engage our legal services to apply for this status, these fees would be separate and in addition to the payment you already made. Our goal is to provide you with quality and timely legal services at a reasonable cost. Using our professional judgment, we will endeavor to assign work on your behalf to those attorneys, immigration agents and other personnel that we deem appropriate under the circumstances. Not everyone qualifies to immigrate or relocate to the US, Canada or Australia, and while we will endeavor using our expertise to bring all available options to your attention, we cannot guarantee that there will be relocation options available to you. Further, our office cannot be held accountable for any future immigration-related action taken on your behalf without our assistance. Termination

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