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 the US, Canada and/or Australia.

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