Sunday, June 3, 2018

Significant Benefit - An LMIA Exempt Work Permit

The Canadian Government offers exemption from LMIA to those foreign workers who contribute significantly to the economic, cultural and social growth of the country. The employer of such foreign workers does not need to obtain an LMIA (Labor Market Impact Assessment) in order to secure a work permit. This exemption is known as ‘significant benefit’.

The LMIA application process is lengthy and rigorous. It makes recruitment time-consuming for the employers. Significant Benefit makes the procedure simple and efficient for those employers whose candidates qualify for this exemption.

Qualification criteria for Significant Benefit Program

The work permits which are exempt from LMIA are a part of the International Mobility Program. The Significant Benefit exemption requires the candidate to conform to the following regulations:
  • The candidate needs to present an academic record of the degree, certificate or diploma obtained from a school, college or university in their area of expertise.
  • Evidence of substantial full time work experience needs to be provided by the former or current employers of the candidate. More than 10 years of experience is preferable.
  • The candidate may be a recipient of either a national or international award or even a patent.
  • In case the candidate has received recognition from his employer, peers or the government with relation to his or her contribution to a particular field, the evidence of such recognition must be provided.
  • The candidate may also provide evidence of scholarly or scientific contributions to his or her field.
  • If the foreign national has authored a publication, he or she can be eligible for application.
  • A candidate who has a distinguished reputation and is part of the leadership in an organization is also qualified to apply.

Who else can get exemption under the Significant Benefit Provision?

1) An exemption from LMIA can be acquired by self-employed candidates or private entrepreneurs who are seeking temporary entry in order to start an enterprise in Canada. These foreign nationals need to be majority stakeholders in the business that they plan to initiate in this country. In order to become eligible for LMIA exemption, the candidates are required to demonstrate that their venture will significantly benefit the Canadian economy. They need to prove that their work in the country is temporary. Entrepreneurs who are interested in seasonal businesses can benefit from this program.

2) Candidates who are intra-company transferees can apply for the work permit without LMIA. These applicants should be managers, executives or skilled workers in the foreign company which has a qualifying relationship with the Canadian company.

3) LMIA is not required for the immigration of spouses or children of those foreign workers who have a work permit for a skilled job.

4) The foreign nationals who have French-speaking skills and have been recruited via a promotional event for francophone immigration. These programs are coordinated initiatives between the government and Francophone minority communities. The candidates should have a job offer from a Canadian province except Quebec and they should be eligible under an NOC or National Occupational Classification. This category under the Significant Benefit Program is called Mobilite Francophone.

5) Visiting professors, guest lecturers and researchers are permitted to work in Canada without LMIA.

6) Those candidates who have been nominated for permanent residence by a province or have received a job offer from that province can be exempted from LMIA.

7) Foreign workers can receive this permit if they are recruited to repair industrial equipment so that Canadian workers do not face disruption in work.

After a candidate can provide evidence which qualifies him or her to be eligible for exemption from the LMIA, he or she can apply for a work permit and gain entry into Canada.

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