Canadian Work Permits: How International Agreements Can Help

Hiring a foreign national in Canada often requires a Labour Market Impact Assessment (LMIA), which is a government process that asks an employer to show they tried to hire Canadians or permanent residents first.

But in some cases, employers can hire without an LMIA through the International Mobility Program (IMP).

What is the IMP?

The IMP offers a set of work permit categories that allow Canadian employers to hire foreign nationals without going through the relatively complex LMIA process.

In practical terms, the IMP work permit categories provide for a relatively faster, simpler process to obtain authorization to work in Canada.

Rather than an employer being required to obtain an LMIA, the employer, when hiring under the IMP, is generally required to submit an Offer of Employment through IRCC's Employer Portal. This online submission sets out key details such as:

• job title and duties
• wages and hours
• work location
• and importantly, why the role qualifies for an LMIA exemption (the specific exemption category has to fit the facts)

A Major IMP LMIA-Exempt Work Permit Category: International Agreements and Arrangements

One of the more commonly leveraged IMP work permit categories is for work that is covered by an international agreement or arrangement. This is reflected in section 204 of the Immigration and Refugee Protection Regulations(IRPR).

Canada has signed a number of these agreements that include work permit options for certain types of workers and business visitors. Examples include agreements with:

• the United States and Mexico (CUSMA)
• the United Kingdom (CUKTCA)
• the European Union (CETA)
• and several others, including CPTPP member countries and GATS participants

Canada also has other international arrangements and treaties for specific situations (for example, certain categories of transportation or airline personnel).

Why The IMP and These Agreements Are Important

These agreements are designed to make cross-border business easier by creating simple work authorization pathways for foreign nationals to enter the Canadian labour market. For employers, this can translate into faster access to foreign talent.

Who Typically Qualifies?

Eligibility for this type of IMP work permit usually starts with these types of questions:

1. Is the person a citizen or, in some cases, a permanent resident of a country covered by an international agreement?
2. Does the role and the person's background fit an eligible category under that agreement?

Other details – such as the applicant's qualifications and compensation structure – are often integral to confirming eligibility criteria as well.

While each agreement has its own rules, many of them include similar categories of businesspeople, such as:

• Professionals – those in prescribed occupations, often with minimum education credential requirements
• Intra-company transferees – executives, senior managers, and specialized knowledge workers transferring from a qualifying company abroad to Canada
• Traders and investors – where the work in Canada is tied to significant trade or investment activity

The application will not be approved unless both the prospective employer and applicant have included evidence that demonstrates how eligibility criteria under the specific agreement and LMIA-exempt category have been met.

How We Can Help

If you are considering hiring under the International Mobility Program, we can help you identify whether an LMIA exemption may apply, support the employer-side steps (Employer Portal submission) and canvass a work permit strategy.

Green and Spiegel's Corporate Immigration Team assists Canadian employers and foreign nationals with all types of work authorization applications, including work permits under international agreements. Contact us to discuss your situation and book a consultation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.