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LMIA-Exempt Work Permit: Opportunities for Provincial Nominees in Canada

published On - 04 June 2024

published By - R&R Law LLP

In the ever-evolving landscape of Canadian immigration, the International Mobility Program (IMP) continues to provide streamlined pathways for skilled foreign nationals seeking to contribute to Canada's vibrant economy. One notable aspect of the IMP is the provision under paragraph 204(c) of the Immigration and Refugee Protection Regulations, which allows foreign nationals nominated by a province (excluding Quebec) to obtain a work permit without the need for a Labour Market Impact Assessment (LMIA).

Provincial Nomination and LMIA Exemption: A Clear Pathway

Under the R204(c) – T13 regulation, foreign nationals who have been nominated for permanent residence by a province or territory and have secured a job offer from an employer in that province can be issued a work permit without requiring an LMIA. This provision is a significant advantage, expediting the process for both employers and potential employees.

Key Requirements for a Work Permit Application

To successfully apply for a work permit under this provision, the following documentary evidence must be included:

  1. LMIA-exempt Offer of Employment: The employer must submit an offer of employment through the Employer Portal and pay the employer compliance fee.
  2. Confirmation of Nomination Letter: A copy of the letter from the provincial government verifying the foreign national's nomination for permanent residence.
  3. Provincial Statement: A statement from the province affirming that all criteria required under paragraph R204(c) have been met, which includes:

Simplifying Family Transitions: Open Work Permits for Spouses

Recognizing the importance of family unity, the IMP also allows the spouse or common-law partner of a principal foreign national, nominated by a province, to apply for an LMIA-exempt open work permit under administrative code C41. This provision is designed to ease the transition for families relocating to Canada, although it is important to note that this eligibility does not extend to dependent children. Dependent children must apply for an employer-specific work permit or an open work permit if eligible, independent of the principal applicant’s nomination.

Benefits and Economic Impact

The LMIA exemption under the Provincial Nominee Program (PNP) not only benefits foreign nationals by providing quicker access to the Canadian job market but also supports Canadian employers in filling critical labor shortages with skilled workers. By bypassing the LMIA process, employers save valuable time and resources, enabling them to focus on integrating new talent into their operations swiftly.

In Conclusion The International Mobility Program's provision under R204(c) – T13 stands as a testament to Canada’s commitment to attracting global talent and fostering economic growth. By facilitating the entry of skilled workers nominated by provinces, the program ensures that both employers and employees can benefit from reduced administrative burdens and expedited processes. For foreign nationals with a provincial nomination and a valid job offer, this pathway represents a significant step toward achieving their goal of permanent residence in Canada while contributing to the nation's economic prosperity.

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