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Not all job offers require a Labour Market Impact Assessment (LMIA) for Express Entry. There may be alternative pathways for certain individuals – specifically in LMIA-exempt categories. In most cases, your employer needs an LMIA to support your job offer for Express Entry, but if certain conditions are met, you can skip this step and still get a work permit that is eligible for Express Entry. We will cover the main LMIA exempt category work permits which are eligible for Express Entry – to help you claim either 50 or 200 points. If you’re interested in learning more about LMIAs, you can watch one of our other videos on the topic.
First things first, having a job offer is not a prerequisite to applying under Express Entry. However, having a valid job offer that is eligible under Express Entry is worth 15 points toward your eligibility score under the Federal Skilled Worker Program selection factors. Later, it can also help you obtain either 50 or 200 additional CRS points for your actual Express Entry profile, depending on the type of job you’ve been offered.
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Your employer does not need an LMIA to support your job offer for Express Entry only if the following three conditions are all met.
Let's go over these categories in more detail:
If your job is covered by an international bilateral agreement, like the Canada-United States-Mexico Agreement (CUSMA – formerly known as NAFTA) or any specific bilateral agreements such as the CPTPP, bilateral agreement with Chile, Peru, S.Korea, Colombia, CETA for European countries, and the equivalent of CETA for the UK, or even the bilateral agreements for New Zealand and Australia, you may be exempt from the requirement for an LMIA. This category typically includes professionals, traders, and investors who play significant roles in the economic exchange between Canada and other countries.
Federal-Provincial Agreements:
Jobs that are part of agreements between Canada and one of its provinces or territories, especially those involving significant investment projects, are also LMIA exempt. These roles are often crucial in fostering economic development and employment within specific regions.
Canadian Interests - this broad category encompasses 4 subcategories:
1: Significant Benefit under IRPR R205(a):
These are scenarios where the job offer is deemed to benefit Canada's social, cultural, or economic landscape significantly. This can include general professionals such as self-employed engineers, technical workers, creative and performing artists whose work brings substantial benefits to Canada, employees with specialized knowledge transferred within a company to contribute to the Canadian branch with their expertise, and workers under Mobilité Francophone. These categories could also include Intra-Company Transfer (C61,C62,C63), Startup Visa work permits, C10/C11 entrepreneur/self-employed work permits which are all very popular in Canada – and a whole group of other LMIA exempt categories.
2: Reciprocal Employment: This allows foreign workers to obtain jobs in Canada as part of agreements which also permit Canadians similar opportunities abroad. This can be further divided into three categories: general professions such professional coaches and athletes working for Canadian teams, those who are in Canada as part of International Experience Canada (a program for youth and young professionals to work in Canada enhancing cultural exchange and professional development), and people in exchange programs like professors and visiting lecturers.
3: Designated by the Minister: This includes academics, such as researchers, guest lecturers and visiting professors (sponsored through a recognized federal program) and allows room for special considerations authorized by the Minister of Immigration through Public Policies.
4: Charity and Religious Work: Individuals involved in charitable or religious work that brings a significant benefit to Canadian communities, excluding volunteers.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
Please be advised - If your work permit is LMIA-exempt for any other reason than the ones mentioned above, your job offer will not count towards eligibility under the FSWP or improve your CRS score.
Another key factor that most people forget with these significant benefit category work permits is that upon renewal inside Canada, if you cannot prove that you have invested or contributed to the social, cultural, or economic system in Canada, then it may be refused for the renewal. This is a very common trend now on work permits for Startup Visa being refused for applicants who are already inside Canada. If the officer believes that you don’t fall into these LMIA exempt categories, under the specific regulations of IRPR, then they may refuse and ask you to apply for an actual LMIA with Service Canada.
In summary, you do not necessarily need an LMIA-supported job offer. There are significant exemptions designed to facilitate the entry of individuals, whose skills, experience, or contributions are highly valued within the country. These exemptions simplify the pathway for talented individuals like you to work in Canada.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
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If you’re ready to apply and would like a 1-on-1 session with me or one of immigration team members at INGWE, you can also book a session directly using this consultation link.
