Canada is a top destination for global talent, attracting professionals, entrepreneurs, and skilled workers from around the world. For citizens of countries that have Free Trade Agreements (FTAs) with Canada, there are special pathways to work legally without undergoing the often time-consuming and complex process of obtaining a Labour Market Impact Assessment (LMIA).
These LMIA-exempt work permits fall under the International Mobility Program (IMP), streamlining the process for eligible applicants and helping Canadian employers tap into international expertise.
But who is eligible for an LMIA-exempt work permit under Canada’s FTAs? How do these agreements differ, and what are the benefits and limitations? This comprehensive guide will explain the key features, eligibility, and process for obtaining an LMIA-exempt permit, with a focus on Canada’s major trade agreements: CUSMA (formerly NAFTA), CPTPP, CETA, CCoFTA, and CCFTA.
What Is an LMIA and Why is LMIA-Exemption Significant?
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that serves as proof that a Canadian employer needs to hire a foreign worker because no Canadian citizen or permanent resident is available to fill the position. Obtaining an LMIA can be a lengthy and costly process for both the employer and the foreign worker.
The International Mobility Program (IMP) permits LMIA-exemption in specific circumstances that provide broader economic, cultural, or competitive advantages for Canada—including international trade agreements. Under these agreements, if you are a citizen or permanent resident of a partner country and meet specific requirements, you may be eligible for a work permit without needing an LMIA. This leads to faster processing times, less paperwork, and decreased costs for both the employer and the applicant.
Key Free Trade Agreements Providing LMIA-Exemptio
Several FTAs and international arrangements enable LMIA-exempt work permits for citizens of signatory countries. The main agreements include:
- Canada–United States–Mexico Agreement (CUSMA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
- Comprehensive Economic and Trade Agreement (CETA)
- Canada–Colombia Free Trade Agreement (CCoFTA)
- Canada–Chile Free Trade Agreement (CCFTA)
Let’s delve into each of these agreements, the eligible categories, requirements, and permitted nationalities.
1. Canada–United States–Mexico Agreement (CUSMA)
CUSMA, which replaced the North American Free Trade Agreement (NAFTA) in 2020, governs economic relations between Canada, the United States, and Mexico.
Eligible Categories
1. Professionals
- Requirements: Job offer in a listed CUSMA profession, possession of requisite academic credentials and/or licensing.
- Examples: Engineers, accountants, scientists, computer systems analysts, etc.
- Validity: Up to 3 years, renewable.
2. Intra-Company Transferees
- Requirements: Employed for at least one continuous year in the last three with a multinational that has operations in Canada; moving as an executive, senior manager, or worker with specialized knowledge.
- Validity: Up to 5 years for managers/executives, 3 years for specialized knowledge workers.
3. Investors & Traders
- Requirements: Substantial investment by U.S. or Mexican citizen in a Canadian enterprise or principal business dealings in goods/services.
- Validity: Up to 1 year, renewable.
Benefits
- Streamlined application for professionals in designated fields.
- Fewer documentary requirements for intra-company transfers.
Eligible Nationalities
- United States
- Mexico
2. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
CPTPP is a multilateral trade agreement among countries in the Asia-Pacific region and the Americas, including several of Canada’s major trading partners.
Eligible Categories
1. Professionals
- Requirements: Typically a four-year post-secondary degree or two years’ relevant work experience; employment in a listed occupation.
- Validity: Up to 1 year.
2. Intra-Company Transferees
- Requirements: At least one year of employment in a related field with a multinational.
- Validity: Up to 3 years.
3. Investors
- Requirements: Significant investment in a Canadian business; position as an executive, supervisor, or specialist.
- Validity: Up to 1 year.
4. Technicians
- Requirements: Two-year degree or four years’ relevant experience in eligible technical fields.
- Validity: Up to 1 year.
Benefits
- Provides flexibility for highly skilled and technical workers from the Indo-Pacific region.
- Streamlined process for intra-company movement.
Eligible Nationalities
- Australia
- Brunei
- Chile (also covered by CCFTA)
- Japan
- Malaysia
- Mexico (also CUSMA)
- New Zealand
- Peru
- Singapore
- Vietnam
3. Comprehensive Economic and Trade Agreement (CETA)
CETA is a wide-reaching FTA between Canada and the European Union (EU), as well as its member states, facilitating access to the Canadian labour market for European professionals and entrepreneurs.
Eligible Categories
1. Professionals & Contractual Service Suppliers
- Requirements:
- University degree or equivalent professional experience.
- Service suppliers must have been with the EU company for at least one year.
- Self-employed professionals must have a contract with a Canadian client.
- Validity: Up to 2 years (but can only work for one year at a time).
2. Intra-Company Transferees
- Requirements: Employed by an eligible EU entity with an affiliated Canadian branch; eligible positions include executives, managers, or specialists.
- Validity: 1 year for graduate trainees, 3 years for executives/specialists.
3. Investors
- Requirements: Establishment or development of a business in Canada.
- Validity: Up to 24 months, but employment limited to one year.
4. Technologists
- Requirements: Scientific technologists or engineers with three years’ professional experience, employed at least one year by the EU company.
- Validity: Up to 24 months, with work in Canada allowed for one year.
Benefits
- Broad access for various occupational groups.
- Particularly advantageous for multinational companies with trans-Atlantic operations.
Eligible Nationalities
(EU member states)
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czechia
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Ireland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
4. Canada–Colombia Free Trade Agreement (CCoFTA)
This FTA provides special pathways for Colombian nationals to work in Canada without requiring an LMIA.
Eligible Categories
1. Professionals
- Requirements: Position in NOC TEER 0 or 1 occupation, four-year post-secondary degree, and any required licensing.
- Validity: Up to 1 year.
2. Intra-Company Transferees
- Requirements: Specialized knowledge worker, manager, or executive with at least 6 months’ continuous employment.
- Validity: Up to 3 years.
3. Technicians
- Requirements: Two-year degree, relevant certifications, TEER 2 or 3 occupation.
- Validity: Up to 1 year.
4. Traders & Investors
- Requirements: Essential skills or managerial position; substantial investment or trade in goods/services.
- Validity: Up to 1 year.
Benefits
- Targets Colombia’s growing professional and technical workforce.
- Flexible options for intra-company transfers and investors.
Eligible Nationality
- Colombia
5. Canada–Chile Free Trade Agreement (CCFTA)
Overview
Canadian-Chilean FTA streamlines LMIA-exempt work permits for Chileans, whether as skilled professionals or corporate transferees.
Eligible Categories
1. Professionals
- Requirements: Occupation in allied health, scientific, teaching, or medical field; required academic credentials and licensing.
- Validity: Up to 3 years.
2. Intra-Company Transferees
- Requirements: Work for a multinational with a Canadian affiliate; position as manager, executive, or specialized knowledge worker.
- Validity: 3 years for specialized employees, 5 years for managers/executives.
3. Investors & Traders
- Requirements: Significant trade or investment between Canada and Chile.
- Validity: Up to 1 year.
Benefits
- Deepens professional mobility between Canada and Chile.
- Particularly supportive of business development and corporate expansion.
Eligible Nationality
- Chile
Summary Table of Country Eligibility by Free Trade Agreement
| Country | Applicable FTA(s) |
|---|---|
| Australia | CPTPP |
| Austria | CETA |
| Belgium | CETA |
| Brunei | CPTPP |
| Bulgaria | CETA |
| Chile | CPTPP, CCFTA |
| Colombia | CCOFTA |
| Croatia | CETA |
| Cyprus | CETA |
| Czechia | CETA |
| Denmark | CETA |
| Estonia | CETA |
| Finland | C |
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