Most employers need an LMIA before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA.
LMIA is a legal document assessing the potential impact if employers are hiring foreign workers. This exists to make sure that jobs in Canada must be available to Canada citizens or permanent residents first. Employers, in most circumstances, can only hire an international worker/ employee if they have a positive LMIA confirming that:
- there is a need for a temporary foreign worker.
- no Canadians or permanent residents are available to do the job.
Once an employer gets the LMIA, the worker can apply for a work permit.
How to know if you need an LMIA
To see if you and the temporary foreign worker you want to hire are exempt from needing an LMIA or work permit, do one of the following:
- review the LMIA exemption codes and work permit exemptions (mentioned below)
- select the LMIA exemption or work permit code that seems most relevant to your hiring situation and read the detailed description.
- if an exemption code applies to you, you’ll need to include it in your offer of employment.
or
- contact the International Mobility Workers Unit (IMWU)
- available only if you’re hiring a temporary foreign worker who is both
- currently outside Canada
- from a country whose nationals are visa-exempt
- available only if you’re hiring a temporary foreign worker who is both
How to get an LMIA
You’ll need an LMIA from Employment and Social Development Canada (ESDC).
The LMIA application process depends on the type of program you’re hiring through.
LMIA exemption codes
R204: International agreements
R204(a) Canada-international exemption codes | |
Regulation | LMIA exemption code |
Non-trade
Unique work situations:
|
T11 |
Trader (FTA) | T21 |
Investor (FTA) | T22 |
Professional/technician (FTA) | T23 |
Intra-company transferee (FTA) | T24 |
Spouse (Colombia or Korea FTA) | T25 |
GATS professional | T33 |
Investor (CETA) | T46 |
Contractual service supplier (CETA) | T47 |
Independent professional (CETA) | T43 |
Intra-corporate (company) transferee (CETA) | T44 |
Spouse (CETA) | T45 |
Investor (CPTPP) | T50 |
Intra-company transferee (CPTPP) | T51 |
Professional or technician (CPTPP) | T52 |
Spouse (CPTPP) | T53 |
R204(b) Provincial/territorial-international exemption codes
There are no approved agreements at this time
R204(c) Canada-provincial/territorial exemption codes | |
Regulation | LMIA exemption code |
Canada-provincial/territorial | T13 |
Atlantic Immigration Pilot Program | C18 |
R205: Canadian interests
R205(a) Significant benefit exemption codes | |
Regulation | LMIA exemption code |
Significant benefit
Unique work situations:
|
C10 |
Entrepreneurs
Unique work situations:
|
C11 |
Intra-company transferees (including GATS)
Unique work situations
|
C12 |
Emergency repair or repair personnel for out-of-warranty equipment | C13 |
Television and film production workers | C14 |
Francophone mobility | C16 |
Live-in caregivers whose permanent residence application is submitted | A71 |
Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit) | C90 |
Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP | C91 |
Bridging open work permits (BOWPs)
|
A75 |
Unique work situations
|
A75 |
R205(b) Reciprocal employment exemption codes | |
Regulation | LMIA exemption code |
Reciprocal employment
Unique work situations:
|
C20 |
Youth exchange programs | C21 |
Academic exchanges (professors, visiting lecturers | C22 |
Performing arts | C23 |
R205(c) Designated by Minister
R205(c)(i) Research exemption codes | |
Regulation | LMIA exemption code |
Research | C31 |
i.1) Educational co-op – post-secondary | C32 |
i.2) Educational co-op – secondary level | C33 |
R205(c)(ii) Competitiveness and public policy exemption codes | |
Regulation | LMIA exemption code |
Spouses of skilled workers | C41 |
Spouses of students | C42 |
Post-grad employment | C43 |
Post-doctoral Ph.D. fellows and award recipients | C44 |
Off-campus employment | See the instructions concerning students |
Medical residents and fellows | C45 |
R205(d) Charitable or religious work exemption code | |
Regulation | LMIA exemption code |
Religious work | C50 |
Charitable work | C50 |
R206: No other means of support
R206 exemption codes | |
Regulation | LMIA exemption code |
a. Refugee claimants | S61 |
b. Persons under an unenforceable removal order | S62 |
R207: Permanent residence applicants in Canada
R207 exemption codes | |
Regulation | LMIA exemption code |
Permanent residence applicants in Canada:
|
A70 |
R207.1: Vulnerable workers
R207.1 exemption codes | |
Regulation | LMIA exemption code |
1. Vulnerable workers | A72 |
2. Family member of vulnerable worker | A72 |
R208: Humanitarian reasons
R208 exemption codes | |
Regulation | LMIA exemption code |
a. Destitute students | H81 |
b. Holders of a temporary resident permit valid for a minimum of six months | H82 |
Work permit exemption
Authorization to work without a work permit
- R186(a)—Business visitor
- R186(b)—Foreign representatives and R186(c)—Family members of foreign representatives
- R186(d)—Military personnel
- R186(e)—Foreign government officers
- R186(f)—On-campus employment
- R186(g)—Performing artists
- R186(h)—Athletes and team members
- R186(i)—News reporters, media crews
- R186(j)—Public speakers
- R186(k)—Convention organizers
- R186(l)—Religious leaders
- R186(m)—Judges, referees and similar officials
- R186(n)—Examiners and evaluators
- R186(o)—Expert witnesses or investigators
- R186(p)—Health care students
- R186(q)—Civil aviation inspector
- R186(r)—Aviation accident or incident inspector
- R186(s)—Crew
- R186(t)—Emergency service providers
- R186(u)—Implied status
- R186(v)—Off-campus work
- R186(w)—Off-campus work (transition to post-graduation status)
- R186(x)—Registered Indians
- Assessing farm work
- Public Policy: Short-term work permit exemption
- Public Policy: 120-day work permit exemption for researchers
Registered Indians
Registered Indians, as defined under the Indian Act, are exempt from having to apply for a work permit.