Canada Launches LMIA-Exempt Work Permit for Select Tech Companies

A new Work Permit has been launched by IRCC under the IMP - International Mobility Program’s Innovation Stream. The stream is one among the 4 aspects of the Tech Talent Strategy that was adopted in 2023 to allure skilled talents to enable Canada to emerge as a tech leader globally.

A few overseas workers are now qualified to apply for an employer-specific work permit if they obtain a job offer from one of the participating employers in the Global Hyper Growth Project. It is inclusive of 8 firms that have been identified by the Government as innovators and industry leaders having significant potential.

Qualified workers will be offered a Work Permit exempt from LMIA - Labor Market Impact Assessment. Candidates who apply for a Work Permit in the normal process have to secure the minimum IELTS score for Canada Work Permit.

LMIA is a document specified by the Canadian Government as a requirement for approval of a few Work Permits specific to the employer. This document is offered by the ESDC - Employment and Social Development Canada. It evaluates the impact of recruiting an overseas worker on the labour market in Canada. For LMIA to back a Work Permit specific to an employer it must specify the result as ‘neutral’ or positive’.

Eligibility

To become eligible for a Work Permit through the Innovation Stream, applicants are required to:

• ·  Possess an offer of a job from a participating employer in GHP - Global Hyper-growth Project
• ·  Possess an offer of a job in a highly skilled occupation inclusive of positions in the NOC - National Occupational Classification TEER - Training, Education, Experience, and Responsibilities categories 3, 2, 1, or 0
• ·  Have the required experience and education specified in the employment criteria section of the NOC for the intended occupation of work

The stream is open for qualified applicants in Canada and overseas. If the occupation for which they are being hired for is included under TEER categories 1 or 0 in NOC they can also qualify for a quicker processing.

NOC is the system adopted by IRCC to categorize and describe occupations in Canada. The TEER categorization further bifurcates the occupations based on Responsibilities, Experience, Education, and Training needed for performing the job adequately.

Before candidates apply to the Innovation Stream, their employers are required to:

• ·  Provide an employment offer
• ·  Make a payment of the employer compliance fee of CAD 230
• ·  Provide the employee or prospective employee and employment offer number

The employers chosen for the stream

The Canadian Government has listed the following employers as corresponding with their goals for “industrial innovation”.

• ·   Ada Support Inc.
• ·   AlayaCare
• ·  CellCarta
• ·   Clarius Mobile Health
• ·   Clio
• ·   Duchesnay Pharmaceutical Group (DPG)
• ·   Lightspeed Commerce
• ·   Vive Crop Protection

IRCC - Immigration Refugees and Citizenship Canada’s webpage offers further details regarding the latest pathway.

Latest changes regarding LMIAs or work permits

IRCC has launched the new Work Permit category even as there are several curbs on LMIAs and Work Permits. The Government of Canada revealed on 26th August that it has stopped processing low-wage LMIAs in specific cities in the nation. Further, it specified that CMAs - census metropolitan areas that have a rate of unemployment at 6% or more will have an impact by this.

A few exceptions will be available for occupations in food security industries like fish processing, food processing, agriculture, Healthcare, and Construction.

Visitors cannot apply for job-supported work permits

The provisional Work Permit rules implemented during the pandemic have been withdrawn. These allowed select visitors from Canada to apply for work permits. However, Visitors are still allowed to apply for other categories of Work Permits from within Canada. However, they cannot apply for a Work permit supported by a Job without or with an LMIA.

The latest policy reversal is in contravention of the latest policies announced about the Innovation Stream.

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