A labor market impact assessment (LMIA) is generally required for a foreign national to work in Canada. However, in some situations, the LMIA requirement may be waived if the individual provides a significant benefit to Canada.
Canadian government officials should consider the impact on Canadian workers when deciding whether to admit foreign workers into the country.
As a result, a Labor Market Impact Assessment (LMIA) is usually required. However, the LMIA requirement can be waived under the ‘significant gain’ exemption. In such cases, the positive effects of issuing a work permit will outweigh the potential negative consequences that may result from not following standard procedure.
These are cases that usually require an LMIA, but practical considerations prevent this from being a possibility if Canada benefits, due to the long processing times typically associated with most LMIAs. In such cases, in addition to the LMIA constraints, other factors that are generally considered when assessing a work permit application will be reduced in favor of a work permit. Such factors include the potential impact on investment in Canada and the country’s economy, disruptions in the Canadian labor market, as well as Canadian consumer needs.
Criteria for a significant benefit work permit
Foreign nationals wishing to obtain a significant work permit in Canada must demonstrate to the Government of Canada that the work they perform will result in a significant economic, social or cultural benefit to Canada. The applicant must demonstrate that they have a record of excellence in their field.
According to Immigration, Refugees and Citizenship Canada (IRCC), the criteria the Government of Canada considers when deciding to issue a work permit include:
- Official academic document indicating that the foreign worker has obtained academic credentials relevant to his or her professional area of expertise;
- Documented evidence from current or previous employers that the foreign employee has significant full-time experience in the job (significant is defined as ten or more years of work experience);
- Has been a recipient of international or national awards or patents;
- membership in organizations that require the excellence of its members;
- have held a position where they have judged the work of others;
- Evidence that their work, achievements and contributions to their field have been recognized by peers, government or professional associations;
- Evidence of scientific or scholarly contribution in their field;
- Publication by a foreign national in academic or industry publications;
- foreign workers in leadership roles in an organization of a distinguished reputation;
- Foreign workers who are in jobs with a national occupation classification 0, A and B assigned outside Quebec, who were recruited through Destination Canada or other job fairs coordinated with the federal government and francophone minority communities.
Who Can Get a Significant Benefit Work Permit?
Among the important benefits people eligible to obtain a work permit are the following:
A significant advantage work permits may be available to a foreign national employed by a multinational company seeking entry into Canada to work for a parent, subsidiary or branch of that company. The position in Canada to which they are being transferred must be in an executive, senior managerial, or specialized knowledge role.
television and film production worker
Those working in the TV and film industry whose roles are essential to production may be eligible to obtain a significant benefit work permit. According to the IRCC, accepting such workers helps attract investment to Canada and creates significant economic benefits for Canadian citizens and permanent residents.
Entrepreneurs and Self-Employed Workers
Those who wish to start a business or be self-employed in Canada may be able to obtain a work permit, a significant advantage. They are required to demonstrate to the Government of Canada that their activities in Canada will result in economic, social or cultural benefit.
emergency repair personnel
These are workers who need to make emergency repairs to industrial or commercial equipment in Canada, even under warranty, to prevent disruption of employment in Canada.