LMO-EXEMPT WORK PERMITS
Some forms of work do not require a work permit at all, such as work done by business visitors, students working on campus, sports referees, etc. – see the
complete list in R186. Those entering solely to attend meetings should normally apply as business visitors. Table 1 covers activity that meets the definition
of work in R2 as interpreted in the Foreign Worker Manual, and thus requires a work permit, but does not require an LMO. Each exempt work permit is
assigned its own exemption code. Table 2 covers situations where an LMO is required, but advertising is either eliminated or modified.
Exemption
Description
Regulation
Canada has about 20 MOUs and international agreements for
very specific workers, eg. Malaysian accounting trainees, film
co-producers, Canada-Bermuda MOU, etc.
Specific professional and technical occupations requiring postsecondary university or college, eg. librarians, veterinarians;
must be citizen of USA or Mexico
Where a substantial investment (no minimum amount; a
proportionality test is used) has been made or is being made
in an enterprise in Canada, the worker seeks entry solely to
develop and direct the enterprise in Canada; must be
citizen of USA or Mexico
Executive, managerial and Specialized Knowledge workers
transferred to an affiliate in Canada; citizen of USA or Mexico
A USA or Mexican enterprise engaging in substantial trade in
goods or services in Canada requires an individual in a
managerial or executive capacity to provide essential
services or essential skills; citizen of USA or Mexico
R204(a)
Engaged in short-term service in Canada at a professional
level in a designated occupation [engineer, agrologist,
architect, forestry or geomatics professional, land surveyor,
foreign legal consultant, urban planner, senior computer
specialist]; can be a citizen or resident of any member nation
(150 countries in WTO)
Exemption TFW Manual Open WP?
Code
INTERNATIONAL AGREEMENTS
Various countries
(non-trade)
NAFTA Professionals
(also called TN)
NAFTA Investors
NAFTA Intra-company
Transferees
NAFTA Traders
GATS Professional
T11
5.27 (see list at p.
NO
49)
R204(a)
T23
5.27
Appendix G
NO
R204(a)
T22
5.27
Appendix G
NO
R204(a)
T24
NO
R204(a)
T21
5.27
Appendix G
5.27
R204(a)
T33
5.27
NO
Appendix D
1
GATS Intra-company
Transferees
Dealt with as general ICTs under IRPR
R205
C12
5.27
NO
Free Trade Agreements
(Traders, Investors,
Professionals, and
Intra-company
Transferees
Besides NAFTA, several other FTAs provide some labour
mobility depending on purpose or occupation to citizens, and
in some cases permanent residents, of COLOMBIA, PERU,
COSTA RICA, CHILE, ISRAEL
R204(a)
T21
T22
T23
T24
5.27
5.30
NO
PNP Agreements:
Provincially selected
(TFW-PS)
MOU with a province may permit LMO-exempt work permit
before nomination (varies per province – see list of provincial
Annexes in FW Manual)
R204(c)
T13
PNP Agreements:
Provincial Nominee
MOU with a province may permit LMO-exempt work permit
at POE after nomination where nominee is “urgently
required” by the nominating employer; otherwise CPC-V
R204(c)
T13
PNP Agreements:
Ontario – Dependent
Children
Pilot project for working age dependent children destined to
Ontario July 1, 2009 – July 30, 2012 - See Operational Bulletin
123
R204(c)
T13
(WDP)
PNP Agreements:
Alberta
Pilot project for working age dependent children of NOC O, A
or B workers destined to Alberta July 1, 2009 – July 30, 2012 See Operational Bulletin 122
R204(c)
PNP Agreements:
Alberta
Pilot project for spouses and common-law partners of long
haul truck drivers destined to Alberta July 1, 2009 – July 30,
2012 - See Operational Bulletin 146
PNP Agreements:
Alberta
PNP Agreements:
British Columbia
Appendix B
For complete list of Canada’s Free Trade Agreements (FTAs) see “Negotiations
and Agreements” on DFAIT’s website
5.27 (see list of
Annexes at p. 53)
NO
5.27
5.27
Generally,NO;
Exceptions eg.
AB Strategic
Recruitment
YES
T13
(WDP)
5.27
YES
R204(c)
T13
(LTD)
5.27
YES
Pilot project for Occupational Specific Work Permits:
Steamfitter/Pipefitter in Alberta: June 1, 2011 – May 31, 2013
– See Operational Bulletin 279B
R204(c)
T13
5.27
Pilot project for spouses and common-law partners of NOC C
and D workers destined to BC – August 15, 2011 – February
15, 2013 – See Operational Bulletin 337
R204(c)
T13
(LSS)
5.27
Both available
depending on
applicant’s
credentials
YES
(see p. 54)
2
CANADIAN INTERESTS – SIGNIFICANT BENEFIT
Significant benefit (general)
Significant benefit
(Entrepreneurs/Selfemployed)
Significant benefit (IntraCompany Transferees - ICT)
Significant benefit
(Emergency repairs)
GATS Intra-Company
Transferee
Create or maintain significant cultural, social, or economic
benefits or opportunities for Canadians/PRs
Entering Canada to operate a business owned or partially (at
least 50%) owned by the foreign national
R205(a)
C10
5.28 – 5.29
NO
R205(a)
C11
5.30
NO
Transferring expertise in executive or senior management
capacity, or through specialized knowledge, to the Canadian
parent, subsidiary, branch or affiliate of a foreign enterprise
Personnel needed for emergency repairs to industrial or
commercial equipment to prevent labour disruption
Mobility among 150 member countries of the WTO; even if
meet more specific GATS criteria, are processed under the
R205(a) general ICT provisions
R205(a)
C12
5.31
NO
R205(a)
C13
5.32
NO
R205(a)
C12
5.31
NO
(p. 68)
CANADIAN INTERESTS: RECIPROCAL EMPLOYMENT
Reciprocal employment:
(General)
Create or maintain reciprocal employment of Canadians or
PRs as shown by a particular company or organization
R205(b)
C20
5.33
NO
Reciprocal employment:
(Cultural Agreements)
Specific cultural agreements btw Canada and France,
Belgium, Brazil, Germany, Italy, Japan, Mexico, and China;
World Youth Program, eg ‘volunteer’ farm work
Working holiday program (WHP) operated by DFAIT as part
of an array of youth (18-35) exchange programs with several
countries, eg. Korea, Mexico, UK , Poland – all have slightly
different terms
Operated by DFAIT for students from numerous countries
R205(b)
C20
5.36
NO
R205(b)
C21
5.34
YES
Reciprocal employment:
International Experience
Canada (IEC) - WHP
Reciprocal employment:
IEC - SWAP
Reciprocal employment:
IEC (General Youth Mobility)
Young professionals, Co-Ops, exchanges through such
organizations as AIESEC, IAESTE and numerous others – see
complete list in Appendix E – Criteria vary per program
Appendix E
R205(b)
R205(b)
C21
5.34
YES
C21
Appendix E
5.34
NO
Appendix E
3
Reciprocal employment:
Academic exchanges
Reciprocal employment:
Research, education or
training program
Reciprocal employment:
Research, education or
training program
Reciprocal employment:
Research, education or
training program
Guest lecturers, school teachers, visiting professors
R205(b)
C22
5.35
Co-op terms where research, education or training is integral
to a program of Canadian studies (up to 50% of program);
R205(c)(i)
C30
5.37
Students working as part of a program of study in Canada
sponsored by eg. CIDA, NSERC, AEC; Commonwealth
Caribbean program; holders of research chairs
Students in career colleges and language schools;
High school students requiring co-op term
R205(c)(i)
NO
NO
(employer is
institution)
C30
5.37
NO
(employer is
institution)
R205(c)(i)
C30
5.37
NO
(employer is
institution)
CANADIAN INTERESTS: PUBLIC POLICY AND COMPETITIVENESS
Spouses/common-law
partners of skilled workers
Eligible if partner is NOC O, A or B; or skilled worker under
R186; also includes provincial nominees (incl C&D
occupations); spouse of Post-grad if PG doing skilled work
R205(c)(ii)
C41
5.38
YES
Spouses/common-law
partners of foreign students
For duration of study permit
R205(c)(ii)
C42
5.38 (and OP 12, s.
YES
Post-grads
Maximum 3-year WP following graduation from Canadian
post-secondary institution
R205(c)(ii)
Post-Doc Fellows and award
recipients
Ph.D. holders on stipend or salary for research, advanced
study or teaching; research award recipients of Canadian or
foreign institutions
R205(c)(ii)
C44
5.38
NO
Off-campus employment
Full-time students at post-secondary institutions after 6
months of study; for 20 hrs/wk plus school breaks
R205(c)(ii)
C25
5.38 and OP 12, s. 5.23)
YES
Medical and dental
residents; fellowship holders
Completing a residency at Cdn hospital or clinic as part of
medical training; specialists advancing medical research
R205(c)(ii)
C45
5.38 (and OB 230)
NO
5.22)
C43
5.38 (and OP 12, s.
YES
5.24)
4
CANADIAN INTERESTS: RELIGIOUS AND CHARITABLE
Religious workers
Charitable workers
Carrying out duties for Canadian religious organization (not
including R186 spiritual leaders) without remuneration
Carrying out duties for Canadian charitable organization
without remuneration
R205(d)
C50
5.39
NO
R205(d)
C50
5.39
NO
Unable to support self otherwise; fee exempt work permit
Unable to support self otherwise; not fee exempt
Unable to support self otherwise; not fee exempt
R206(a)
R206(b)
R206(b)
S61
S62
S62
5.40
5.40
5.40
YES
YES
YES
R207(a)
A70
5.41 (and OB 370)
YES
R207(b)
A70
5.41
YES
R207(c)
R207(d)
A70
A70
5.41
5.41
YES
YES
R207(e)
A70
5.41
YES
R208(a)
H81
5.42
YES
R208(b)
H82
5.42
YES
SELF-SUPPORT
Refugee Claimant
Failed refugee claimant
Subject to unenforceable
removal order, eg. awaiting
PRRA or PRRA claimant
APPROVED IN PRINCIPLE FOR PR STATUS BY CPC-V
Live-in Caregivers
Inland spousal and C/L
partners
Protected persons
Humanitarian and
Compassionate
Family members of R207
applicants
Completed 2 years of live-in caregiving; applied for PR but
eligibility determination in LIC class pending
Only after approval in principle; can request WP (and
submit fee) with application or upon AIP
After being conferred protected person status under A95(2)
Only after approval in principle under H&C, while awaiting
landing
Spouse, common law partner or dependent child of above
categories, if family member is in Canada
HUMANITARIAN REASONS
Destitute students
TRP holders
Short term relief for foreign students in financial difficulty
in Canada through circumstances beyond their control
TRP must be for 6 months or longer; no means of support
5
TABLE 2
For more information on these advertising requirements see: “Variations to Minimum Advertising Requirements” on HRSDC website.
LMO IS NEEDED, BUT NO ADVERTISING OR RECRUITMENT REQUIRED:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
Post-grad WP holder expiring – Employer (existing or new) must be making a permanent job offer in O, A or B occupation
Owners/operators
Specialized service technicians or providers
Warranty work
CSQ holders from Quebec
IT Specialists [7 NOC Codes] – Quebec only
Digital Entertainment Software Engineer (NOC 2173) – B.C. only
Digital Artist (NOC 5241) - B.C. only
Entertainment sector – short term positions, needed on short notice for limited time in one location(eg television crew, boxers, singers)
Employee of foreign government, mission or international organization
Live-in Caregivers – if hired from within Canada, e.g. new employer
Live-in Caregivers – leaving an abusive situation in Canada
Live-in Caregivers – where employer moving to new province and wishes to take LIC
LMO IS NEEDED – BUT ALTERNATE RECRUITMENT IS PERMITTED:
1) Live-in Caregivers – As per specific recruiting policy for initial LCP work permit from abroad
2) Academics (University Professors) – For academics not covered by other exemptions, must be hired as per SC policy “Hiring Foreign Academics in
Canada”
3) Camp counsellors (Ontario only) – Must show efforts to recruit from prior campers, and Canadian students
4) Union positions/promotion of FN to new position – Must show internal recruitment process under collective agreement was followed
5) Exotic dancers – only “headliners” – Otherwise, recruitment as per Employer Bulletin
6) Instructors in faith-based schools (provincially recognized) – Instead of job bank, may advertise in relevant e.g. faith-based, publications for 3 months
7) Seasonal Agricultural Worker in Quebec – Must recruit according to “Hiring Temporary Foreign Workers in Quebec”
LMO Exempt Work Permits ~April 2012 - LG
6