In today’s interconnected world, the International Mobility Program (IMP) plays a pivotal role in facilitating global workforce mobility, enabling businesses to access top talent and individuals to pursue career opportunities across borders. From multinational corporations to skilled professionals seeking new horizons, the IMP offers a framework for international employment that is essential for driving innovation, fostering economic growth, and promoting cultural exchange.
The International Mobility Program, often referred to simply as IMP, is a Canadian initiative designed to facilitate the entry of foreign workers into Canada for employment purposes. Unlike the Temporary Foreign Worker Program (TFWP), which requires a Labour Market Impact Assessment (LMIA) to demonstrate the need for foreign workers based on the impact on the Canadian labor market, the IMP provides exemptions from LMIA requirements for certain categories of workers.
An LMIA exemption denotes a scenario where a Canadian employer isn’t required to obtain a Labor Market Impact Assessment (LMIA) to hire a temporary foreign worker. Employment and Social Development Canada (ESDC) in collaboration with Immigration, Refugees and Citizenship Canada (IRCC) manages a registry of LMIA exemptions, categorized under the International Mobility Program.
These exemptions are granted based on the following criteria:
As of September 2024, the Canadian government has introduced several significant adjustments to the Temporary Foreign Worker Program (TFWP), which impacts the LMIA process. For instance, a new policy suspends LMIAs in high-unemployment areas under the low-wage stream, with exemptions for critical sectors like agriculture, healthcare, and construction. Additionally, a 10% cap on foreign workers within a company has been imposed, reducing the previous limit of 20%. For workers hired under the low-wage stream, the maximum employment duration has been shortened from two years to one year. These changes aim to prioritize Canadian workers, though essential industries are still supported.
To employ a foreign worker via the IMP, a Canadian employer must adhere to three key steps:
Only upon completing these steps, the foreign national becomes eligible to apply for their work permit. LMIA-exempt workers meeting the NOC Skill Level A or 0 criteria, and applying from outside of Canada, may qualify for expedited work permit processing through the Global Skills Strategy.
One of the primary features of the IMP is its provision of LMIA exemptions for specific categories of foreign workers. These exemptions streamline the hiring process for employers by removing the requirement to demonstrate a shortage of Canadian workers for the position.
The IMP encompasses various categories of workers, each with its own eligibility criteria and requirements. These categories include intra-company transferees, international students, professionals covered under free trade agreements, and individuals participating in reciprocal employment agreements.
This category allows multinational companies to transfer key personnel, including executives, managers, and specialized knowledge workers, to their Canadian operations without the need for an LMIA. It enables companies to leverage their global talent pool and maintain continuity in their operations.
The IMP also provides opportunities for international students who have graduated from Canadian institutions to gain valuable work experience in Canada through post-graduation work permits. This not only benefits the students by enhancing their skills and employability but also contributes to Canada’s workforce and economy.
By providing exemptions from LMIA requirements, the IMP enables Canadian employers to recruit skilled professionals from around the world, filling critical skill gaps and driving innovation.
Access to international talent enhances the competitiveness of Canadian businesses in the global marketplace, enabling them to access diverse perspectives and expertise.
The IMP contributes to economic growth by supporting industries that rely on specialized talent, such as technology, engineering, and healthcare, and by attracting foreign investment and entrepreneurship.
International mobility fosters cultural exchange and diversity in the workplace, enriching Canada’s social fabric and promoting understanding and cooperation among nations.
Many LMIA exemptions stem from international agreements forged between Canada and other nations. These agreements facilitate the movement of certain categories of employees between Canada and partner countries, provided they can demonstrate a positive impact. Canada has negotiated several Free Trade Agreements, each offering a spectrum of LMIA exemptions:
Another prominent category of LMIA exemptions falls under the broad umbrella of Canadian Interest exemptions. LMIA exemptions in this category must showcase that the exemption would serve the best interests of Canada, either by providing significant benefits to Canadians or by maintaining reciprocal employment relationships with other nations.
To qualify for an LMIA exemption under the category of significant benefit for Canadians, the employment of a foreign national must demonstrate substantial social or cultural benefits to Canada. Typically, immigration officers evaluate the foreign national’s track record of success and review testimonies and recommendations from distinguished experts in the field to ascertain significant benefits.
The Canadian government has also raised concerns regarding the misuse of the LMIA system, particularly the sale of lower-point LMIAs in the black market. Minister Marc Miller has indicated potential plans to remove the bonus points that are awarded for LMIAs under the Express Entry system, particularly for those with 50 points, as part of efforts to reduce fraud and exploitation in the system.
Another avenue to secure an LMIA exemption for significant benefit is through the provision of exemptions for intra-company transferees. Under this provision, specific companies have the opportunity to transfer a foreign national to a Canadian location to enhance their business’s quality for the benefit of Canadians.
While the majority of LMIA exemptions are typically granted due to international agreements or Canadian interests, there exist additional exemptions outside of these categories. In certain instances, LMIA exemptions are provided for humanitarian and compassionate reasons. Additionally, certain candidates applying for Canadian permanent residency may qualify to apply for LMIA-exempt work permits.
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International Mobility Program (IMP) – (LMIA-Exemptions)?
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