International Mobility Program (IMP)

The International Mobility Program (IMP) allows Canadian employers to recruit temporary foreign workers without having to go through a Labour Market Impact Assessment (LMI). Although an LMIA is usually required to hire temporary foreign workers, there are a number of exceptions that allow this requirement to be bypassed.

What is an EIMT exemption?

An LMIA exemption means that in certain cases, a Canadian employer does not need to obtain an LMIA to hire a temporary foreign worker. These exemptions are managed by the International Mobility Program and are based mainly on two criteria:

• Signiificant economic or cultural benefits to Canada.
• Reciprocal benefits for both Canadians and forein workers.

How do I obtain an exemption from the LMIA ?

To hire a foreign worker under the PMI, a Canadian employer must follow three steps:

1. Verify whether the position or worker in question is eligible for an LMIA exemption.
2. Pay a compliance fee of $230 CAD.
3. Submit the job offer via the IMP employer portal.

Once these steps have been completed, the foreign worker can then apply for a work permit. If the worker is exempt from the LMIA, he or she may also benefit from accelerated processing, under certain conditions, such as when occupying a position classified A or 0 in the National Occupational Classification (NOC) and applying from outside Canada.

Exemptions based on international agreements

Many of the exemptions from the LMIA are linked to international agreements between Canada and other countries. These agreements allow certain workers to move between Canada and these nations without the need for an LMIA. Among the agreements concerned are :

• North American Free Trade Agreement (NAFTA).
• Free trade agreements between Canada and Chile, Peru, Colombia and Korea.
• The Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union.
• The General Agreement on Trade in Services (GATS).

Canadian-interest exemptions. Another important category of exemptions relates to benefits to Canada. These exemptions are granted when the hiring of a foreign worker is of substantial benefit to Canadians, whether from an economic, social, cultural or diplomatic point of view.

• Exemptions based on cultural or social benefits: If the employment of a foreign worker generates significant cultural or social benefits for Canada, this may justify an exemption from the LMIA. Immigration authorities assess the value of these benefits through the worker's background and recommendations from experts in the field.

• Intra-company transferees: Companies can also transfer a foreign employee to Canada without an LMIA, as part of an internal mobility program. This enables some companies to strengthen their Canadian operations by bringing in specialized skills for the benefit of Canadian employees.

Other EIMT exemptions

In addition to exemptions based on international agreements or benefits to Canada, there are other types of exemptions:

• Humanitarian exemptions: Sometimes, workers may be exempted from the EIMT on humanitarian grounds.

• Permanent residents: Some applicants for permanent residence in Canada may also be eligible for a work permit without having to go through the LMIA.

In short, while the LMIA is generally required to hire temporary foreign workers, there are many exceptions that make it easier for Canadian employers to recruit through the International Mobility Program. If you'd like to find out more about exemptions or the process of hiring foreign workers, please don't hesitate to contact us.