How to hire foreign workers exempt from an LMIA?
Among the many immigration measures recently announced, some target programs exempt from a Labour Market Impact Assessment (LMIA), although most concern programs that require an LMIA. What are the options for recruiting foreign workers without going through the LMIA process?
Hiring a foreign worker exempt from an LMIA
As a general rule, a Canadian employer must obtain a Labour Market Impact Assessment (LMIA) before hiring a foreign worker. However, certain exemptions do exist.
They allow for simplified administrative procedures, shorter processing times, and lower costs for the employer.
International Mobility Program (IMP)
In most cases, to hire a temporary worker under the International Mobility Program (IMP), the employer must create and submit a job offer through the IRCC Employer Portal. This is the federal immigration authority’s online portal, which allows employers to complete various procedures.
International Experience Canada (IEC)
Under this program, more than thirty nationalities are eligible. The applicant must be between 18 and 35 years old (or up to 30 years old depending on the country). Then, one or more types of permits are available depending on the applicant’s nationality, each with specific eligibility criteria.
Three types of permits are offered under IEC:
- Working Holiday Permit (WHP): an open work permit based on a lottery system.
- Young Professionals Permit: a closed work permit (tied to a single employer), available based on occupational criteria and aligned with the applicant’s professional experience.
- International Co-op (Internship): a closed work permit for an internship as part of academic studies.
The program operates on a pool system, where the applicant registers until they receive an invitation to apply for a work permit.
Most of these permits are not renewable and generally have a maximum duration of 24 months. In addition, the program is seasonal and therefore not available year-round. Currently, the 2025 season is open.
IEC permits, when the applicant is eligible, are an excellent option for employers. However, since these permits are non-renewable, any steps taken for renewal often require an LMIA.
Permits issued under certain specific programs
Free trade agreements
These agreements, between Canada and various countries, may exempt the employer from requiring an LMIA, depending on the applicant’s eligibility and the specific agreement in question.
Less well-known, LMIA exemptions under free trade agreements are actually quite numerous! Among the possibilities: exemptions for specific occupations, for intra-company transfers, for specialists…
Before resorting to an LMIA, exploring the possibility of benefiting from a free trade agreement, especially with the help of an immigration professional, can be a winning strategy.
Among the most commonly used agreements for obtaining work permits:
- CUSMA – Canada–United States–Mexico Agreement
- CETA – Comprehensive Economic and Trade Agreement between Canada and the European Union
Francophone Mobility
This program allows French-speaking or bilingual temporary foreign workers to obtain a work permit outside Quebec, generally for a duration of 24 months.
To be eligible, the applicant must demonstrate their level of French and have a job offer outside Quebec. However, the job does not need to be performed in French.
Quebec-selected skilled workers program
The program is reserved for foreign nationals who are in the process of applying for permanent residency in Quebec.
In this context, encouraging your workers to pursue permanent residency is a strategy worth considering. The renewal of work permits for employees who are in the process of applying for permanent residence is facilitated, allowing employers to significantly reduce associated costs.
Anticipated costs under the IMP
Regardless of the specific stream under the IMP, the costs associated with obtaining a closed work permit are outlined below. These amounts are current as of 2025.
Payable by the employer:
- 230$ CAD for the employer compliance fee
Payable by the employer or the applicant, depending on what has been agreed upon:
– 155$ CAD for a closed work permit application
– 179.75$ CAD for a Young Professionals or International Co-op (International Experience Canada) work permit application
– 85$ CAD for biometric data collection
Naturally, professional fees may apply if the employer or the applicant chooses to retain the services of an immigration expert.
Open work permit
The open work permit is one of the most flexible types, but also one of the least common. It allows an individual to work for any employer in Canada, in the position of their choice, with certain exceptions.
For an employer, hiring a worker who holds an open work permit offers certain advantages. Notably, there are no administrative procedures required for the hire, other than ensuring the permit is valid. However, it is important to note that open work permits are rarely renewable. Therefore, it is often necessary to go through the LMIA process in order to renew the permit.
Who is eligible for an open work permit?
Open work permits are notably available to spouses of foreign workers or international students, provided they meet the eligibility criteria.
For example, if a worker is employed in Canada under a closed work permit, their spouse may be eligible for a permit of equivalent duration. However, the worker must hold a skilled position and possess a valid work permit for at least 16 months at the time their spouse submits the application.
Consult the recent guidelines on the eligibility of open work permits for family immigration should you wish to obtain further information.
Additional categories of open work permits are outlined in the following sections.
Post-Graduation Work Permit (PGWP)
The Post-Graduation Work Permit allows eligible graduates to gain work experience in Canada.
Applicants are granted a period of up to 180 days following the conferral of their degree to submit their application.
The validity period of the PGWP depends on the study program, its duration, and the expiration date of the applicant’s passport.
Here as well, if the worker has not obtained permanent resident status before the expiration of their PGWP, it will likely be necessary to apply for an LMIA in order to obtain a new work permit.
A fee of 255$ CAD is required for an open work permit. Responsibility for this payment may lie with either the employer or the applicant, depending on the terms mutually agreed upon.
In summary
Although LMIA-exempt programs may seem attractive, they are also more restrictive in terms of eligibility requirements.
The choice of work permit type depends on the foreign worker’s professional goals and the employer’s requirements.
If you have any questions, feel free to contact us for support with your immigration process. Our professionals are here to help at info@immetis.com.