Work Permit

A work permit for Canada allows foreign individuals to legally work in the country for a specific job and employer and in cases of open work permit for any employer

Work Permit

work permit
Canada Work Permit

A work permit allows foreigners to work in Canada temporarily. Canada offers foreign workers over 100 different options to apply for work permits. These options fall into two of these broader programs: The Foreign Temporary Workers Program (TFWP) and the International Mobility Program (IMP).

The difference between the two programs is that TFWP requires a labor market test known as a Labor Market Impact Assessment (LMIA). Employment and Social Development Canada (ESDC) wants to ensure that recruiting foreign workers will not displace existing workers in Canada or pressure them to reduce wages.

Navigating Canadian work permit options can be difficult. Batis Immigration consultancy is Canada’s leading immigration firm, and we want to make it as easy as possible for you. To schedule a consultation with our experts, please book a session via the website. The fee will be credited toward your retainer agreement (condition applies).

Types of Canadian Work Permits

These include

Canada Free Trade Agreement, PGWP Post Graduate Work Permit, PGWP Open Work Permit Extension, Spousal Sponsorship Open Work Permit Pilot Program, Significant Benefit Work Permit, Charitable or Religious Work, Work Permit for Athletes, International Experience Canada (IEC) Program, Open Work Permit for Vulnerable Workers, Intra-Company Transfers to Canada, Bridging Open Work Permit (BOWP), Temporary Work Permits in Quebec (LMIA Exempt).

While the LMIA process is the rule, there are much LMIA-exempt work permits that stem from free trade agreements, such as the former North American Free Trade Agreement, now known as the Agreements. Canada-United States-Mexico, or CUSMA. These free trade agreements allow foreign workers to apply for work permits without their employers needing to apply for an LMIA. In addition to these employer-sponsored work permits, there are several work permit options available to foreign workers who do not yet have a job job offer, including holiday work, work permits, and work permits. employment after graduation and work permits open to spouses. Workers do not claim an International Mobility Program (IMP) LMIA. 

These include

Global Talent Stream, Quebec Facilitated LMIA Processing, Quebec Acceptance Certificate, LMIA Advertising Exemptions.

Foreign workers applying under Free Trade Agreement (FTA) are exempt from the Labor Market Impact Assessment (LMIA) The Canada-United States-Mexico Agreement (CUSMA) is the largest FTA to which Canada is a party and is similar to several free trade agreements to which Canada is a party:
The Comprehensive Economic and Trade Agreement (CETA) between Canada and Europe, as well as the FTAs between Chile, Peru, Colombia, and South Korea, is similar to CUSMA and has provisions allowing temporary entry of four types of entrepreneurs: corporate customers, experts, internal transferees, traders, and investors.
Under the General Agreement on Trade in Services (GATS), experts are allowed to participate as experts or appointees within the company.
Admission requirements vary widely from category to category. However, the same LMIA exemption applies to Canada-United States-Mexico Agreement (CUSMA). Earlier, it was called North American Free Trade Agreement (NAFTA)

Others include
– Canada-Chilean FTA
– Canada-Peruvian FTA
– Canada-Colombia FTA
– Canada-Korea FTA
– Comprehensive Economic and Trade Agreement (CETA)
– GATS
– Canada–Panama Free Trade Agreement
– Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP

The PGWP is an open work permit that allows international students who completed their studies in Canada to work for Canadian employers without the need for a job offer. A major advantage of the PGWP is that it allows international students to gain work experience in Canada. Such work experience will help PGWP holders later apply for immigration to Canada. PGWP is valid for up to three years (everyone’s actual duration of the PGWP will depend on the length of the Canadian education program).

Requirements
In order for international students to obtain a work permit after graduation, they must have the following:

a. Have completed a minimum of 8 months of academic, professional, or vocational training program at an appropriate Designated Learning Institution (DLI).

b. Eligible to be a full-time student in Canada during each academic session of the program, completed and included in the post-completion work permit application.

c. A post-graduation work permit application should have a transcript and an official completion letter.

Graduation should be from the following institutes:
– a public post-secondary institution, such as
– a college
– a trade or technical school
– a university
– CEGEP (in Quebec)

A subdivision of the Family Class Immigration Category in which a Canadian citizen and permanent resident are eligible to sponsor a spouse or common-law partner for Canadian permanent residency. Immigration, Refugees and Citizenship Canada (IRCC) aim to process applications submitted through the Spousal Sponsorship program within 12 months.

An open work permit is neither employer nor job-specific and it allows the holder to work for almost any Canadian employer, without first having to obtain a confirmed offer of employment. These work permits are usually valid for two years or until the expiry date of the applicant’s passport, whichever comes first.

This pilot program was first introduced in December 2014 during his 12 months. It was then extended until regulatory change was put on hold and the pilot program was implemented as a permanent policy.

Eligibility Criteria
– Applicant for permanent residency must be submitted under the Spouse/Common Law Partner Sponsored Immigration Program.
– Applicant must live at the same address as the sponsor (spouse/domestic partner).
– Applicants must have valid temporary residency status (visitor, student, or worker).
– Applicants and sponsors must meet all eligibility requirements under spousal or civil partnership sponsorship.

The International Mobility Program Plus (IMP+) is a new open work permit option for permanent residence applicants introduced by Quebec.The new IMP+ work permit, also known as the International Mobility Program Plus (IMP+), has been aimed to help reduce the wait time before applicants and their families can settle and work in Canada.In general, foreign skilled workers selected by Quebec must wait for their permanent residence application to be approved by Immigration, Refugees, and Citizenship Canada before they can move to live and work in Canada. The  IMP+ Work Permit will allow certain candidates selected by Quebec (i.e., those who have received a Quebec Selection Certificate – or CSQ), but reside abroad, to move to the province and start working and settle in while their application for permanent residence is pending, rather than waiting for federal approval.If approved under the IMP+, the applicant will receive a three-year open work permit that allows them to work for almost any employer in Quebec. However, because work permits are province-specific, applicants will not be able to work in any other Canadian province. Family members accompanying the candidate will be able to apply for a work permit or a study permit. In 2022, PMI+ is subject to a limit of 14,700 claims, reflecting the fact that some people who have received a CSQ in recent years may be among those eligible. From 2023, the annual admission limit will be set at 7,350 per year.

Qualification:

To be eligible for a province-restricted open work permit through IMP+, foreign nationals must:

– Live outside of Quebec

– Have a Quebec Selection Certificate (CSQ) demonstrating that they have been selected for permanent residence under the Common Skilled Worker Program or the Permanent Resident Immigration Pilot Program for Intellectuals Workers artificial, information technology, and visual effects.

– Received an IMP+ invitation from the Quebec Department of Immigration, Francization, and Integration (MIFI).

 The “significant interest” exemption may waive the LMIA requirement. The principle behind this is that in such cases, the positive effects of being granted a work permit outweigh the possible negative consequences of not following standard procedures. Due to practical considerations, this is not possible if Canada wants to profit and the long processing time associated with most LMIAs, a work permit will be granted for other factors normally considered when evaluating a work permit application, apart from the lack of an LMIA. These include investment in Canada and the potential impact on the Canadian economy, disruption to the Canadian labor market, and the needs of Canadian consumers.

Criteria for Significant Benefits: Foreign nationals wishing to obtain a significant work permit in Canada must prove to the Canadian government that the work they do has significant economic, social, and cultural benefits to Canada. Applicants must demonstrate outstanding achievement in their field.
 IRCC, the criteria include:

– The foreign worker’s official academic documentation; the applicant has got educational credentials related to their professional area of expertise, scholarly and scientific contributions in the respective field.

-Full-time experience letter from a past or current employer (significant with 10 + experience), experience in leadership roles with a distinctive reputation.

– Awarded with patents and recognition at the national and global levels.

-Recognition of their work by government or professional associations

– Foreign workers residing outside of Quebec with a job with National Occupational Classifications O, A, and B, employed through destination Canada or other coordinated job fairs with the federal government and French-speaking minorities.

Eligibility for Substantial Work Permit

  • Internal transfer of the company
  • Film and TV production workers
  • Entrepreneurs and Freelancers
  • Emergency repair staff

Foreign nationals coming to work for a Canadian religious or charitable organization may be eligible for a simplified work permit process. This process could be for the work permit to be exempt from the labor market test requirement or, in some cases, for the foreign national to be completely exempt from the work permit.

Work or Volunteer in Canada
“Work” is often associated with a full-time activity that is rewarded with regular, periodic pay. Volunteering, on the other hand, usually involves spending one’s free time participating in an activity with no expectation of compensation. Examples of such activities might be helping a particular political party or raising awareness about a particular issue. In such situations, foreign nationals are not considered entering the Canadian labor market and therefore do not require a work permit.

LMIA exempt Religious Work Permit
Once it is determined that “work” is being performed, other factors must be assessed to determine whether a Labor Market Impact Assessment (LMIA) exemption is appropriate in each situation or not.
To be eligible for an LMIA-exempt work permit, an organization must be a charitable or religious organization, which means it must be non-profit and whose primary purpose is to alleviate poverty, promote certain important public interests, or the interest of educational or religious institutions. It’s not an absolute requirement that the organization is a registered charity, but it helps with this identification.

Nature of the work
Once the question of the nature of the organization has been resolved, the nature of the work must be assessed. Working for an eligible organization alone is not enough for a foreign national to qualify for an LMIA exemption. Instead, it must be demonstrated that the work performed by foreigners does indeed constitute charitable or religious work. For this, several factors are considered, such as whether the work performed by foreigners serves the organization’s religious or charitable mission or whether the organization derives benefits, or funds from the work of foreigners or not. The more consistent the work is with the organization’s stated purpose, and the less remuneration the organization receives for the worker’s services, the more likely it is to be perceived as charitable or religious.

Many Canadian cities have teams competing in North American sports leagues such as the NHL, NBA, MLB, and MLS, and international sports competitions of all kinds take place throughout Canada.

Athletes and Employees Working for a Non-Canadian Employer:

Since many foreign athletes and coaches make a living from sports when they come to Canada to participate in sporting events, they are working in Canada, which technically makes them become foreign workers. Irrespective of this title, Temporary Foreign Worker Program rules are not applicable to athletes visiting Canada. It would be too restrictive for these people to follow the rules and procedures normally associated with foreign workers and would prevent Canada from participating in international sporting events or tournaments. Hence, for foreign country team members or an athlete representing a foreign country or supporting employees, no general requirement for a work permit. A work permit is normally required if a foreign individual is interested to join a Canadian sports team.
Even in this case, however, much of the bureaucracy normally involved in obtaining work permits has been removed from the process. Indeed, these athletes may be exempt from the Labor Market Impact Assessment (LMIA) requirement, which is often the most difficult and troublesome aspect of obtaining a work permit. The LMIA is often required to demonstrate that there is a labor shortage and that the employer in Canada has therefore been unable to find a Canadian citizen or permanent resident to fill the job. As a result, LMIA applications are scrutinized very carefully – even a small mistake can jeopardize the success of these types of applications. The LMIA-exempt work permit is exempt from demonstrating this labor shortage.

Process
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The IEC is a program designed to allow young people to work in Canada on a temporary basis. The open work permit can be applied for by individuals from 30 countries and can choose the employer they want to work for in Canada. The goal of the IEC is to help build economic, social, and cultural relationships between Canada and its peer countries.

Insightful look
Canada has bilateral youth mobility agreements with countries and citizens of these nations between the ages of 18 and 35, may fulfill eligibility for an IEC work permit. Work permits issued under IEC are exempt from the Labor Market Impact Assessment (LMIA) requirement.

Work Holiday
 The open work permit can be granted to an individual participating in the Working Holiday category, valid for one to two years. The open work permit allows participants to work anywhere in Canada for almost any Canadian employer.
The Working Holiday category is for people with no job offer; who want to work for multiple employers in Canada; are willing to work in multiple locations; and want to earn more money to travel.

Young Experts
In the Young Professionals category, working for a Canadian company to get international exposure limited to nationals of the participating countries. Applicants for this category will receive an employer-specific work permit if approved. This category is for people who have a valid job offer in Canada for a paid position that contributes to their career development and plan to work for the same employer while in Canada.

Internship International Cooperation
The International Co-op Internship category allows nationals of participating countries studying at a post-secondary institution in their home country to have an internship period with Canadian companies.

Employer-specific Work Permits
An employer-specific work permit is a work permit indicating the name of the foreign employer, occupation, place of work, and permitted working hours.

Canada offers a work permit program for certain vulnerable workers with employer-specific work permits who may be subject to abuse in the workplace. This measure allows vulnerable workers who may be subjected to abuse in their workplace, or by their employers (and those with employee-specific work permits). employer), apply for an open work permit (OWP).

Eligibility
Workers who are currently in Canada on an employer-specific (or LMIA-based) work permit and report being victims of employment-related abuse may be eligible for this program. More specifically, you can apply if:
– Within Canada (applications will not be accepted at the port of entry).
-Must have a valid employer-specific work permit (e.g.
-A work permit that has the employer’s name on it and has not yet expired (or was valid at the time of renewal application).
-Being abused or at risk of being abused in connection with your work in Canada.

LMIA-based work permits are tied to specific employers in specific industries. These work permit holders are not eligible to work in any other industry or under any other employer. In general, if a foreign worker wishes to change employers, he or she must legally apply for a change of employment conditions in Canada. OWP, on the other hand, allows individuals to work for any employer in most industries.

Abuse Definition
Abuse can be physical, sexual, financial, and psychological that scares, dominates, or isolates an individual. Abuse instances include:

  • Physical harm
  • Pushing to work in an unsafe working environment or health at risk
  • Sexual touching without your agreement
  • Making unwanted sexual comments to you
  • Controlling where you can go
  • Stealing from you
  • Stopping you from seeing friends or co-workers
  • Threats, insults, and intimidation
  • Forcing you to commit fraud.

 

Companies having a branch, a parent company, or a subsidiary in Canada qualify for bridging employees via Intercompany Transfer. Companies do not need to pass a Canadian government labor market test to move employees to Canada.

Eligibility for Employers
Companies can apply for an intra-company transferable (ICT) work permit if:

  • Companies outside and inside Canada that have a parent, subsidiary, affiliate, or affiliate relationship.
  • Both companies do business. This means that they provide goods and services on an ongoing basis. The company must operate in Canada; it cannot simply have a physical location in Canada.


Eligibility for Employees:
Employees can apply for an intra-company transferable (ICT) work permit if:

  • Are currently employed by a multinational company and are looking to enter Canada to work for that company’s parent, subsidiary, or affiliate.
  • Be transferred to a business that has a qualifying relationship with the business for which they are currently employed and will be employed on a lawful and continuing basis of the business in Canada.
  • Full-time employed in a company that is planning to transfer them to Canada on an equivalent full-time position for a minimum of a year (payroll or contract).
  • If the employee works part-time, IRCC may consider other factors such as the number of years of experience working with the foreign company, the similarity of the position to the Canadian job, and the extent of the part-time position and if there are any indications that the company is seeking to abuse the purpose of the ICT work permit.
  • In the event of a recent acquisition or merger of a company, the employee is not required to have worked for the company for one year, provided that he has worked for one of the subsidiaries for at least one year out of the three previous years. The successor organization must demonstrate that it has assumed the rights, obligations, assets, and liabilities of the original company and continues to operate the same business as the original company.
  • Only coming to Canada for a temporary period.
  • Complying with all Canadian immigration requirements for temporary entry.


In addition, occupations in Canada must fall under one of the following three functions:

– CEO and senior management: Operating employees primarily direct the management of the business or a major component of it.

– Senior manager: An employee who manages all or part of the business and supervises/controls the work of other managers or professional staff.

– Function management: An employee manages a function that is necessary to achieve business goals, but does not necessarily manage employees.

Specialized knowledge:
 An employee can demonstrate expertise, that is, highly specialized knowledge and proprietary knowledge of the company’s products, services, processes, and procedures.

IT Work Permits for Startups
Foreign companies looking to set up a Canadian business can use the intra-company transfer program to bring essential workers to the country to start operations. An applicant must reflect the business ability to establish in Canada at the time of applying for an ICT Startup visa, including:

  • Evidence that the business can financially support the initial costs of its operations and potentially compensate employees.
  • Prepare a business plan that outlines realistic plans for staffing the new operation and business in Canada.
  • Evidence that the facility has been secured (or is in the process of being secured).

The ICT Start-Up program offers a one-year temporary work permit that can be renewed if companies maintain a qualifying relationship and continue to actively do business. New Canadian operations must also be staffed.

An approach to enabling a foreign national in Canada to continue working while his or her application for permanent residency is being processed is the Bridging Open Work Permit (BOWP). If an applicant is currently in possession of a current work permit, has preserved status and the right to work as a result of submitting an application to renew their work permit, or is qualified to reinstate their temporary resident status with the right to work on a work permit, they may be given consideration for a BOWP if they have applied for permanent residence in Canada under one of the eligible economic immigration programs. Under the following economic immigration programs, a foreign worker who is currently employed legally in Canada may continue to do so until a decision is made on his or her request for permanent residence:

  • Program for Federally Skilled Workers
  • Federal Skilled Trades Program for
  • Canadian Experience Class
  • Program for Provincial Nominees
  • Pilot Program for Skilled Workers in Agri-Food in Quebec

Because applicants and their dependents (spouse and children) would otherwise have to find an employer willing to go through the process of applying for a Labour Market Impact Assessment (LMIA), this is advantageous for the federal government, Canadian communities, and employers, as well as applicants and their families.

It is preferred to obtain an open work permit that permits the holder to work for any employer in Canada because it gives candidates more flexibility to integrate into and move throughout the Canadian labor market, is actively employed in Canada, and have already been determined to be eligible for permanent residence.

Process:
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Eligibility

  • The foreign individual has been granted permission to enter as a temporary resident and is currently present in Canada.
  • Have valid status on work permit
  • Have maintained status and authorization to work in Canada under section 186(u) of the Immigration and Refugee Protection Regulations (IRPR).
  • Have applied for permanent residence (APR) under one of the programs as the primary applicant:


a. Canadian Experience Class

b. Federal Skilled Worker Program

c. Provincial Federal Skilled Trades Program

d. Agri-Food Pilot Program

e. Quebec Skilled Workers

f. Caring for Children Class or Caring for People with High Medical Needs Class (before June 18, 2019).

Employment Location
Regarding the job location of some applicants, the IRCC has the following regulations in place:

PNP
The job location on the work permit must be limited to the province making the nomination when a BOWP is issued to a candidate for permanent residence via a Provincial Nominee Program (PNP). To display the province or territory, the destination province must first be chosen, followed by the destination city value.

Quebec
 Quebec must be chosen as the province of employment when awarding a BOWP to applicants for permanent residence who have been chosen by Quebec as skilled workers.

Exemption for CSQ Holders from the Labour Market Impact Assessment (LMIA) Process

The Quebec government has put in place rules to make it easier to hire temporary foreign workers who have a valid Quebec Selection Certificate (CSQ). These provisions consist of an exemption from the necessity to apply for an LMIA if they are employing a foreign worker who:

  • Holds a valid work permit.
  • Holds a skilled worker Certificate of Selection in Quebec (CSQ). This document, which is provided by the Quebec immigration authorities, certifies that the named individual.
  • Has applied for permanent residency through the Quebec Skilled Worker Program.
  • Is currently a resident of Quebec.

The foreign worker must also fit into one of the following categories.

– He or she is a foreign student with a post-graduation work permit and a valid job offer in Quebec

– He or she is seeking to renew the work authorization with a new employer in Quebec

– He or she is participating in a program under the International Experience Canada (IEC) initiative and is either seeking to renew the work authorization for his or her current employer or extending it

These standards only apply to Quebec. Several situations that pertain to Canada may not necessitate an LMIA.

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worker

immigrant workers

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temparary foreign worker

Temporary Foreign Worker Program (LMIA based)

Employers in Canada who want to hire foreign workers but need a Labour Market Impact Assessment (LMIA) frequently must fulfill an advertising requirement.

To prove to the Canadian government that there are no Canadian workers available or willing to fill a job opening, the advertising requirement is in place. Employers are required to adhere to the rules established by Employment and Social Development Canada (ESDC), the federal agency in charge of managing the LMIA procedure. Employers must post all open positions across the Canadian labor market for at least four weeks to satisfy the advertising requirement before submitting an LMIA.

The Global Talent Stream was created to assist Canadian firms in acquiring international tech talent more quickly.

Through the Global Talent Stream, certain highly skilled workers can apply for work visas and get them two weeks later. It is a key component of Canada’s Global Skills Strategy, which seeks to encourage the growth of innovative enterprises by ensuring that they can easily access the highly trained workers they need. This work stream establishes a two-week standard for, among other things, processing applications for work permits (and temporary residence visas, if required) for highly skilled individuals. The Global Talent Stream is a component of the Temporary Foreign Worker program in Canada.

Category A
Companies with high growth that can show a need to bring in exceptional expertise from outside come under Category A. Employers in this category must be recommended by a recognized referral partner to the Global Talent Stream.

The list of designated referral partners for employers located outside Quebec includes the following organizations.

  • Accelerate Okanagan

  • Atlantic Canada Opportunities Agency

  • BC Tech Association

  • Burlington Economic Development Corporation

  • Business Development Bank of Canada

  • Canadian Economic Development for Quebec Regions

  • Cape Breton Partnership

  • City of Brampton

  • City of Hamilton’s Economic Development Office

  • City of Mississauga

  • Communitech Corporation

  • Council of Canadian Innovators

  • Economic Development Winnipeg

  • Edmonton Economic Development

  • Federal Economic Development Agency for Southern Ontario

  • Genesis (Newfoundland)

  • Global Affairs Canada’s Trade Commissioner Service

  • Government of Alberta, Alberta Labour

  • Government of British Columbia, Ministry of Jobs, Trade and Technology

  • Government of Manitoba, Manitoba Education, and Training

  • Government of Nova Scotia, Nova Scotia Business Inc.

  • Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Immigrant Nominee Program

  • Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office

  • Government of Prince Edward Island, Island Investment Development Inc.

  • Government of Saskatchewan, Ministry of the Economy

  • Halifax Partnership

  • Tech Manitoba

  • Innovation, Science and Economic Development Canada – Accelerated Growth Service

  • Invest Ottawa

  • Invest in Canada

  • Kingston Economic Development Corporation

  • Launch Academy

  • London Economic Development Corporation

  • MaRS Discovery District

  • National Research Council – Industrial Research Assistance Program (NRC-IRAP)

  • Privy Council Office, Special Projects Team

  • Regional Municipality of Niagara

  • Regional Municipality of York

  • Sarnia-Lambton Economic Partnership

  • Toronto Global

  • Town of Oakville

  • Vancouver Economic Commission

  • Venn Innovation

  • Waterloo Region Economic Development Corporation

  • WindsorEssex Economic Development Corporation

Category B
Filling of highly skilled overseas positions on the Global Talent Occupations list, considered to be in-demand and has a shortage of local labor supply, fall under Category B. To reflect changes in the work market, this list may be updated on a regular basis.

LMIAs are governed by federal rules, which typically impose strict advertising requirements on the firm requesting for LMIA. Before a request to hire a foreign worker may be filed, the employer is required to post the position for a minimum of 28 days on advertisement platforms. To provide Canadian citizens and permanent residents a chance to apply for the position in issue before a request may be made for the company to hire a foreign worker, several requirements have been put in place. This provides evidence of recruitment efforts, along with thorough assessments of any interviews conducted before making the foreign worker a job offer.
In accordance with a contract between the Ministry of Immigration, Francisation, and Integration (MIFI) and Employment and Social Development Canada (ESDC), an employer requesting LMIA with not any requirement to go through the entire advertising procedure. We refer to this as assisted LMIAs.

Specialized Targeted Occupations:
A list of target skilled vocations with demand in the provincial labor market was introduced by Quebec in February 2014. The professions on this list, which is updated annually, are exempt from the standard advertising criteria for receiving a positive LMIA.

To hire a foreign worker in Quebec, an employer must still comply with all the other procedures in the standard LMIA application process and all the TFWP’s criteria.
The LMIA application will be evaluated according to the standard procedure if the job offered to the foreign worker is not on the list of permitted occupations. In this case, the employer must publicize the vacancy for at least 28 days before it can be considered.

Employee Compensation
The pay rate granted to Canadian citizens and permanent residents who work in the same occupation in the same region must be comparable to the pay rate offered to the foreign worker for a specific post. Employers in Quebec who want to hire a foreign worker must still abide by all applicable laws.

The Standard LMIA Procedure
Foreign employees must obtain a temporary job offer from an employer established in Quebec and be given a Temporary Work Permit by Employment and Social Development Canada (ESDC) to work as temporary foreign workers in the province of Quebec.
A standard LMIA procedure will need to be used in practically all other situations that are not covered by the examples above. For LMIAs provided to employers in Quebec, the employer is required to complete the LMIA process in accordance with federal laws and submit any necessary supporting documentation to the MIFI. This includes filling out and signing an application for a Certificate d’Acceptation du Québec (often known as a CAQ), which is required of all foreign workers.
The application will next be evaluated by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC), which will determine whether a work permit will be provided in accordance with the guidelines for employees and temporary residents in Canada.

TFWP Pilot Project
Some NOC skill level C and D occupations are now eligible for streamlined processing according to a Quebec government policy. Several National Occupational Classification (NOC) D vocations are free from the rules for recruitment and advertising as of December 6, 2021, until December 31, 2024.

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A CAQ must be obtained in addition to a Labour Market Impact Assessment (LMIA) before a Quebec-based firm can hire a foreign skilled worker with a temporary work permit.

The Certificat d’Acceptation du Quebec (Quebec Acceptance Certificate, CAQ)
CAQs are issued by the Quebec government to foreign workers and students who meet the province’s entry requirements. Candidates who have been approved can then submit their CAQ to the Canadian government to obtain a work or study permit.

The CAQ attests that the Quebec Ministry of Immigration, Francisation, and Integration (MIFI) agree with Service Canada’s assessment that hiring a foreign worker will have an unremarkable or beneficial impact on the local labor market. This certificate is not necessary for jobs in Quebec that will last 30 days or less. People who work in Quebec do not require a CAQ if their jobs are LMIA-exempt.

Quebec Students
Most people who want to study in Quebec must first acquire a CAQ before applying for a Canada Study Permit to the Canadian federal immigration authorities. The potential applicant must first get a letter of acceptance from a Designated Learning Institution (DLI) before applying for a CAQ for a study program. Some people might not need a CAQ before applying for a study visa. A person may also be excused from the requirement for this certificate if they are exempt from the requirement for a study permit.

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LMIA Advertising Exemptions
One of these requirements is being able to prove to the Canadian government that you advertised the position domestically but were unsuccessful in finding a qualified applicant. However, this advertising rule may be exempted by the Canadian government in some cases.

In general, as part of the LMIA procedure, Canadian employers must show that hiring a foreign worker will have a positive or neutral impact on the local labor market, and for that position, no Canadian citizen or permanent resident is available.This is typically accomplished by posting job openings on various websites.
However, in some circumstances, recruitment and publicity are not necessary, which gets rid of the LMIA application’s most troublesome component. The procedure is greatly sped up, which raises the possibility that LMIA will be successful, by not requiring proof of adequate recruitment and promotional efforts. Although the application process is simplified, the $1,000 government processing fee still needs to be paid by the employer.

Advertising exemptions include but are not limited to:

Quebec Facilitated Process
Quebec’s facilitated processing occupations list is updated annually. No business owners are included in this list for the hiring of temporary foreign workers. Some professions are included in the Global Talent Stream occupations list.

Specialized Service Technicians
A corporation must show that the work to be done is highly specialized and that the person has exclusive knowledge of the work to be done in Canada to be eligible for this advertising exemption. There must be no chance for Canadians to be trained, and the work must have a short duration (often six months or less). Examples range from installing specialized equipment that requires proprietary knowledge to maintaining machinery made outside of Canada.

No CAQ or study permit is required if the intended study program will last no more than six months.

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