Labour Market Impact Assessment (LMIA) exemption – specifically for C11 Work Permits and C10 Work Permits- is given where the work of a foreign national creates significant social, cultural or economic benefits, or opportunities for Canadian citizens or permanent residents. The IRCC has created Labour Market Impact Assessment (LMIA) exemption categories (using unique administrative codes) to capture different considerations for those specific situations.
C11 Work Permit, also referred to as Entrepreneur Work Permit, allows entrepreneurs and self-employed individuals to apply for a work permit with intent for a temporary entry to Canada. Whereas, C10 Work Permit allows some employers to hire foreign workers without positive LMIA from Employment and Social Development (ESDC) Canada.
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This work permit, also known as C11 Work Permit, is exempt from LMIA. C11 is the administrative LMIA exemption code that covers the work of certain foreign nationals entering Canada to run their own business.
Labour Market Impact Assessment (LMIA) exemption is given where the work of a foreign national creates significant social, cultural or economic benefits, or opportunities for Canadian citizens or permanent residents.
The IRCC has created Labour Market Impact Assessment (LMIA) exemption categories (using unique administrative codes) to capture different considerations for those specific situations.
Although applicants may have a dual intent to seek status as temporary workers and, eventually, as permanent residents, it is important to note that the C11 Work permit does not grant permanent residency status to the applicant.
Therefore, URK Immigration always advises its clients to satisfy the officer that they will leave Canada at the end of the temporary period
The applicant must be able to demonstrate that their work in Canada will be of a temporary nature, that they maintain the capacity and willingness to leave Canada, and that they maintain stronger ties to their residence outside of Canada.
Notwithstanding the above, having two intents (initially for temporary residence and eventually for permanent residence) is legitimate, and IRCC recognizing that the two intentions involved are complementary and not contradictory. Therefore, this does allow for a possibility to apply for permanent residence.
For example, various immigration pathways including Caregiver Program and Canadian Experience Class, have increasingly been relied upon as routes to permanent residence that have contributed to Canada’s economic growth.
Talk to us today for advice and further discussion.
The International Mobility Program lets employers hire temporary workers without a Labour Market Impact Assessment (LMIA) where there are broader economic, cultural or other competitive advantages for Canada or there are reciprocal benefits enjoyed by Canadians and permanent residents.
There is a stringent criteria is applied to assess this work permit. The C10 work permit is tended to address situations where the significant social, cultural or economic benefits to Canada of issuing the work permit are so clear and compelling that the importance of the LMIA process can be overcome. The impact on Canada’s labour market should be neutral or positive with the issuance of the work permit.
RCIC specifies stringent criteria for officers to decide on the exemption cases. Below is an illustration of how it works:
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Significant includes but is not limited to an assessment of how the work of the foreign national will provide
Economic benefits are benefits that would contribute to the company’s growth, expansion or continuation and that have fiscal benefits and allow for the competitive advantage of Canada’s business community.
There should be documented evidence that the work of the foreign national will provide a significant economic benefit to Canada by
When assessing the social or cultural benefits, officers should examine whether the person’s presence in Canada is crucial to an event, and whether circumstances have created urgency to the person’s entry.
The foreign national’s work will provide significant external benefits to other third parties not directly involved in the transaction.
This could be evidence that the foreign national’s work will assist in
Culture is defined in the Canadian Framework for Culture Statistics as creative artistic activity and the goods and services produced by it, and the preservation of heritage.
In addition to its intrinsic value, culture provides important social and economic benefits. With improved learning and health, increased tolerance, and opportunities to come together with others, culture enhances our quality of life and increases overall well-being for both individuals and communities.
This could be evidence that the foreign national’s work will provide a significant cultural benefit to Canada because they
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Some unique situations that allow IRCC officers to grant LMIA Exempt Work Permit are:
No. Job offer is not required for federal skill worker program. However, you get extra points if you do have an offer.
Yes. There are other streams available that you can consider based on your unique circumstances. Set up a free consultation with us and we can discuss.
If you have minimum 1 year experience outside Canada you may apply for FSW, whereas, for CEC you need 1 year Canadian experience.
FSW is a point-based program and minimum required score is 67.
According to historical stats, around 80% of the applications are processed within 6 months.
FSW program assesses applicant's eligibility using a points-based system whereas Express Entry relies on CRS.
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