Immigration Regulation & LMIA Exemption Codes under IMP
Understanding the intricacies of immigration regulation and LMIA (Labour Market Impact Assessment) exemption codes is essential for both employers and individuals navigating the International Mobility Program (IMP) in Canada. Here’s a breakdown of the key regulations and exemption codes under the IMP:
R204 – International Agreements
Under this regulation, individuals may be exempt from the LMIA requirement based on international agreements. The following LMIA exemption codes apply:
- Canada-International Agreement (R204(a)): Various LMIA exemption codes are applicable under different agreements, such as those for traders, investors, professionals, intra-company transferees, and spouses.
R204(b) – Provincial/Territorial-International Agreement “Significant Investment”
At present, there are no approved agreements under this category.
R204(c) – Canada-Provincial/Territorial Agreement “Significant Investment”
- Federal-Provincial or Territorial Agreements (LMIA Exemption Code – T13): LMIA exemption is granted under certain federal-provincial or territorial agreements.
- Atlantic Immigration Pilot Programs (AIPP) (LMIA Exemption Code – C18): Work permits are issued under the AIPP, allowing for LMIA exemption.
R205 – Canadian Interests
This regulation grants LMIA exemption based on Canadian interests. The following LMIA exemption codes apply:
- A significant benefit (LMIA Exemption Code – C10): Various categories of workers, including self-employed individuals, intra-company transferees, emergency repair personnel, and caregivers, may be exempted under this category.
- Reciprocal employment (LMIA Exemption Codes – C20, C21, C22, C23): LMIA exemption is granted for reciprocal employment arrangements, academic exchanges, performing arts, and the International Experience Canada (IEC) Program.
- Designated by Minister (LMIA Exemption Codes – C31, C32, C33, C41, C42, C43, C44, C45, C50): LMIA exemption is granted for various purposes designated by the Minister, including research, co-op programs, spouses of skilled workers or study permit holders, post-graduation work permits, and charitable or religious work.
R206 – No Other Means of Support
Under this regulation, individuals may be exempt from the LMIA requirement if they have no other means of support. The following LMIA exemption codes apply:
- Refugee claimants (LMIA Exemption Code – S61): Refugee claimants may be exempted from the LMIA requirement.
- Persons under an unenforceable removal order (LMIA Exemption Code – S62): Individuals under an unenforceable removal order may be exempted from the LMIA requirement.
R207 – Permanent Residence Applicants in Canada
LMIA exemption is granted for certain categories of permanent residence applicants in Canada under this regulation. The following LMIA exemption codes apply:
- Live-in-caregiver class (LMIA Exemption Code – A70): LMIA exemption is granted for live-in caregivers and their family members.
- Spouse or common-law partner in Canada class (LMIA Exemption Code – A70): LMIA exemption is granted for spouses or common-law partners of Canadian residents.
- Protected persons under subsection A95(2) (LMIA Exemption Code – A70): LMIA exemption is granted for protected persons under specific subsections.
R208 – Humanitarian Reasons
Under this regulation, individuals may be exempt from the LMIA requirement for humanitarian reasons. The following LMIA exemption codes apply:
- Destitute students (LMIA Exemption Code – H81): LMIA exemption is granted for destitute students.
- Holders of a temporary residence permit valid for a minimum of six months (LMIA Exemption Code – H82): LMIA exemption is granted for individuals holding temporary residence permits.
Understanding these regulations and LMIA exemption codes is crucial for employers and individuals navigating the complexities of the International Mobility Program in Canada. These exemptions aim to facilitate the entry of foreign workers while ensuring that Canadian interests and labor market needs are adequately addressed.