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Canadian Interests Category- working without an LMIA

Canadian Interests Category
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Canadian Interests Category- working without an LMIA

Canadian Interests Category under the International Mobility Program allows foreign nationals to work without getting the Labour Market Impact Assessment. The Canadian government requires an employer to experience the labor market test while they plan to hire a foreign national worker. However, specific foreign national workers also get to work in the country without the LMIA requirement.

Canadian Interests Category- its streams

This is possible through the Canadian Interests Category, with the following four streams:

Competitiveness and Public Policy

The primary purpose of the Competitiveness and Public Policy stream is to allow foreign nationals to obtain work permits, provided they have duties that give them only a certain amount of access to the Canadian labor market. Additionally, these duties must be vital from the public point of view and must retain the competitiveness of academic institutions and the Canadian economy.

Moreover, the Post-Graduation Work Permit is a pre-dominant program among all other work permit programs. PGWP falls under the LMIA exempt category within the Competitiveness and Public Policy stream. It is a program that enables international graduates to obtain work permits for up to a maximum of three years. However, they must complete their graduation under an eligible program at a Designated Learning Institute in Canada. They will also get to work under an employer of their choice in Canada, even if they don’t hold an employment offer at the given time.

Notably, this program allows work permits for up to three years, but the duration of these work permits will largely depend upon the total length of the program under which they graduate.

PGWP is essentially the most popular program because it issues most of the work permits that are LMIA-exempt on a yearly basis. This program is an intrinsic part of the competitiveness and public policy stream that issues Open Work Permits to common-law partners, spouses of foreign nationals, or full-time students. It applies to skilled workers moving to Canada.

Significant Benefit

The next best method of working in Canada without an LMIA is to prove that your work will provide a social or cultural benefit to Canada. Furthermore, foreign workers receive work permits if they have a job role that will benefit Canadian citizens and permanent residents of Canada. This can be done by creating social, economic, and cultural benefits and new opportunities.

The definition of a “Significant Benefit” largely depends upon the individual’s expert testimonials in a similar field of work as the foreign national seeking a work permit. Besides using these testimonials, Canada will also consider some objectives to determine their capability to contribute significantly through their work. They will analyze this through the following objectives:

  • The foreign national worker must demonstrate the degree or diploma through their academic record. Certificate or similar accomplishment from an educational institution. However, all of this must be related to their area of work.
  • They must prove their expertise and work experience of almost ten years in an occupation similar to the one for which they are arriving in Canada.
  • Present proof of any national or international awards or patents they received in their lifetime.
  • Displaying proof that they were a part of an organization that demands expertise or excellence in their field or work.
  • The applicants must show that their work and efforts have gained recognition from government organizations, professional spheres, business associations, and peers.
  • It is displaying evidence regarding the candidate’s contributions in the field, scientific or scholarly.
  • Showcasing any author-related works by the applicant via academic or industry publications.

IMP- Significant Benefit stream and its programs

The following programs are a part of the Significant Benefit stream:

  • Self-employed/Entrepreneurs– Private Entrepreneurs having their own business in Canada must hold the majority of the ownership and prove that the Canadian business will be significant.
  • Intra-Company Transfers– These transfers depict work permit applicants using the Intra-Company Transfer program to come and work in Canada. They will work in a Canadian branch, affiliate, subsidiary, or parent company under a foreign employer.
  • PNP Nominees are acting as Entrepreneurs– Potential nominee arrives in Canada using a Provincial Nominee Program and works as an Entrepreneur in the country.

Reciprocal Employment- third stream under the Canadian Interests Category

Reciprocal Employment is yet another pathway for working in Canada without needing an LMIA. Furthermore, it implies that foreign workers are getting more work opportunities equivalent to those received by Canadians abroad.

Overall, reciprocal employment aims to provide employment opportunities to foreign nationals. Their work will demand them to perform duties that strengthen international relationships and even create more opportunities for Canadian citizens and permanent residents across the globe.

International Agreements– Canadians in different international locations can access reciprocal employment. The reciprocal employment measure exists due to international agreements like the CUSMA. Hence, admitting foreign workers to Canada through these agreements will contribute to the country through a significant benefit. Also, eligible candidates will get an exemption from the LMIA process.

International Exchange Programs– International Experience Canada offers opportunities for Canadians to establish themselves abroad. Additionally, foreign national workers, as a part of IMP from countries that share strong work relationships with Canada, also become exempt from LMIA.

Charitable and Religious Workers

Foreign Work Permit applicants who come to Canada get the opportunity to perform duties, as part of the religious and charitable nature of work, without the LMIA requirement. This is possible through the Charitable and Religious Workstream.

The following definitions apply to charitable and religious work:

  • Charitable Work– Any work that is done with the objective of reducing poverty, enhancing education, and providing community benefits.

Important factors about Canada perceiving charitable work:

  • Organizations that are deemed as genuinely generous in nature have registration with Canada Revenue Agency.
  • Volunteers who seek to do charitable work don’t require a work permit.
  • Standard charitable workers seek to remain LMIA-exempt without a work permit.
  • Religious Work–  The foreign national worker will have to participate in a religious community and would have to become a part of shared beliefs of the specific area where they prefer to work. Hence, their work will, in one way or another other, reflect the religious belief system or promote a particular religious faith.