Canadian employers typically need a positive LMIA outcome to hire temporary foreign workers. However, there are several situations where the LMIA requirement may be waived.

Some of the most common LMIA-exempt categories are listed below:

International Agreements

Canada is a signatory to various international agreements that facilitate the entry of foreign workers. Under these agreements, the admission of foreign workers is considered to provide significant benefits to Canada, which is why an LMIA is not required. Examples of such agreements include the North American Free Trade Agreement (NAFTA), Canada-Chile Free Trade Agreement (FTA), Canada-Peru FTA, and Canada-Colombia FTA.

Entrepreneurs/Self-Employed Candidates

Private entrepreneurs who wish to come to Canada temporarily to start or operate a business may be eligible for an LMIA exemption. To qualify, applicants must be the sole or majority owners of the business they intend to establish in Canada. Additionally, they must show that their business will provide significant benefits to the Canadian economy.

This LMIA exemption is available to entrepreneurs only if they can prove that their work in Canada is temporary. This category is particularly suitable for individuals owning seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits under this category, provided they can demonstrate the temporary nature of their work in Canada.

Intra-Company Transferees

Intra-Company Transferees may qualify for an LMIA exemption if they are temporarily transferred to Canada. To be eligible, transferees must hold executive, managerial, or specialized knowledge positions and must work for a foreign company that has a qualifying relationship with the company in Canada.

International Exchange Programs

Canada participates in various international youth exchange programs, such as the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange initiatives. Participants in these programs are exempt from the requirement to obtain an LMIA.

Dependents of Foreign Workers

Spouses and children of foreign workers holding Canadian work permits for skilled positions do not need an LMIA when applying for an Open Work Permit (OWP). However, this exemption does not apply to the spouses of individuals on an International Exchange Program.

French-Speaking Skilled Workers

Foreign nationals recruited through francophone immigration events, organized in collaboration between the federal government and Francophone minority communities, may be eligible for work in Canada under the Mobilité Francophone program. This applies to individuals destined for provinces or territories outside Quebec and qualified under the National Occupational Classification (NOC) 0, A, or B.

Religious Workers

The LMIA requirement for religious workers depends on the nature of the work they will perform in Canada. A foreign national may work in Canada without an LMIA if the primary duties are religious or spiritual in nature.

Academics

Researchers, guest lecturers, and visiting professors may be exempt from the LMIA requirement when coming to Canada for academic purposes.

Provincial LMIA Exemptions

Workers who have been nominated by a province for permanent residence and have received a job offer within that province may be exempt from the need for an LMIA.

Important Note: 

Note: Exemption from obtaining an LMIA does not mean the individual is exempt from acquiring a work permit. All categories listed under LMIA exemptions still require the individual to secure a work permit in order to work legally in Canada.