Provincial Nominee Programs facilitate the entry or stay in Canada of many categories of professionals who otherwise might not qualify under the Express Entry System.
Note: if you have not found or trained a Canadian citizen or a permanent resident to fill out the labour shortage, you have to keep in mind that proper planning is necessary and apply for a new LMIA ahead of time. The temporary worker can apply for a work permit extension before the initial work permit expired, and he can continue working for your organization while awaiting a decision to be made on their application. For the new applications for an LMIA for the high-wage positions, your transition plan must be feasible so to be credible, with realistic and verifiable implementation steps of:
- increased efforts to hire Canadians and train them in the long-term; or
- support the high-skilled temporary foreign worker transition to becoming a permanent resident of Canada.
Business Expansion to Canada through PNPs
Provincial nominee programs authorize provinces and territories to nominate applicants based on the labour market and economic needs of each province or territory. Please visit our PROVINCIAL NOMINEE PROGRAMS page.
LMIA-Exempt Work Permit
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.);
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- 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);