For most cases, a positive LMIA is required to support your job offer for Express Entry. However, there are jobs for which LMIA is waived.
Following are the conditions in which your employer do not need an LMIA to support your job offer:
- When you have been working full time for the company on your work permit for at least 1 year (or an equivalent amount of part-time employment) the company does not need an LMIA to accept the job offer.
- You have a valid job offer (please explain this in brief)
- Your work permit is valid and is exempt from an LMIA under the following agreements and categories:
- An international agreement
- A federal-provincial agreement
- The “Canadian interests” category
Note: For skilled trade jobs, up to 2 employers can make a job offer. You must work for both those employers.
Jobs that are exempt from LMIA
Canada has agreements with countries that allows to bring in foreign workers without having to apply for LMIA. International agreements like NAFTA or GATS, and non-trade agreements have provision to bring in foreign workers without an LMIA.
Provincial and Territorial Agreements
Individuals that have certificate of nomination by the province by acquiring a job offer in the province are exempted from acquiring an LMIA.
The “Canadian interests” category
- “Significant benefit”:
Under this category, work permits are issued when the work brings an important social, cultural, and/or economic benefit to Canada.
- Reciprocal Employment:
This category lets foreign workers to get jobs in Canada as long as Canadians have similar opportunities abroad.
- Designated by the Minister:
Work permits are issued for academic jobs such as researchers, guest lecturers and visiting professors. Work permits are also issued for post-doctoral studies and to people who have won academic awards from Canadian schools.
- Charity and religious work:
Work permits are issued when charity and religious work is involved. This does not include volunteer work.
Note: A work permit is required even if an individual is exempted from obtaining an LMIA.