Hiring without an LMIA

Under IRPR 205(a), a work permit may be issued without an LMIA for work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. IRCC instructions (modified 2026-02-24) say officers weigh the expected benefits, including impacts beyond the worker and the employer, against risks such as displacement of Canadians and wage suppression, and must be satisfied the benefits outweigh the risk. The authority is for unique or exceptional situations, should not be used for convenience, and needs benefits that are clear, compelling and documented; they may be tangible or intangible but must be valid, reasonable and demonstrable. Examples: job creation, regional development, export expansion, technological development or innovation, skills training for Canadians, health and well-being, and (for cultural benefit) awards, patents, peer-review roles, publications or recognized distinction. "Significant" is relative to the industry, town or sector and need not be Canada-wide.

For C10 the worker must provide the offer of employment number generated when the employer submits the offer in the Employer Portal (or an IMM 5802 form if IRCC authorized it), and detailed evidence of how the intended work provides a significant economic, social or cultural benefit, for example an employment letter explaining the benefit. A simple copy and paste from IRCC's website or the program delivery instructions is not sufficient evidence. Officers review the employer's "Requirements Exemptions Met" explanation, whether the duties align with the benefit and the occupation, the job requirements, the minimum education and any licensing or certification.

Foreign nationals destined to work in Quebec under paragraph R205(a), administrative code C10, do not require a Quebec Acceptance Certificate (CAQ).

Under IRPR 205(b), a work permit may be issued without an LMIA for work that would create or maintain reciprocal employment of Canadian citizens or permanent residents in other countries. For C20 the worker must have an offer of employment that does this; the employer should explain in the offer how reciprocity exists and the worker must provide evidence. Reciprocity need not be directly between two countries: a multinational company can show it creates or maintains similar opportunities for Canadians at its offices around the world. Evidence may be the exchange agreement, a letter from the receiving Canadian institution, the offer itself, or for cultural agreements a letter from the governing body; officers may request data on exchange volumes. International Experience Canada is assessed separately under R204(d). If reciprocity is not shown to the officer's satisfaction, the permit may be refused or the worker told that an LMIA is needed.

Exact one-for-one reciprocity is not required, but the general order of magnitude of exchanges should be reasonably similar on an annual basis, considering relative numbers and percentages. For exchanges involving larger numbers of foreign nationals (such as more than 25), officers could require a higher minimum proportion of Canadians employed abroad to foreign nationals employed in Canada (such as at least 75%) than for smaller exchanges. Where the entities have no history of reciprocal exchanges with Canada, permits may at first be limited to a small number of people, with more issued only once reciprocity is shown. Organizations with a demonstrated history may get some flexibility in annual flows if exchanges are similar over a reasonable period (for example, 5 years). Officers may also consider employment duration and job level.

C20 covers people entering Canada to work under cultural agreements between Canada and Belgium, Brazil, Germany, Italy, Japan and Mexico; under the Canada-France cultural agreement (or an educational, cultural, scientific, technical or artistic agreement between France and a province within its framework) if the applicant submits a letter of acceptance from the appropriate governing body; and under the Canada-China cultural exchange program (arts, archives, libraries, journalism, radio, television, film, literature, translation, architecture, social sciences and sports). Cultural agreement applications are fee-exempt (code E04). Under IRPR 299(2)(h) and 303.1(5), workers under agreements providing reciprocal employment of an artistic, cultural or educational nature do not pay the $155 work permit fee and the employer does not pay the $230 compliance fee, but the employer must still submit the offer of employment and upload proof of the fee exemption.

Since June 15, 2023, Francophone Mobility (code C16, work designated by the Minister under IRPR 205(c)(ii)) is for workers destined to live and work in a province or territory outside Quebec. The worker must provide proof that the work location is outside Quebec. Telework or remote work for an employer located in Quebec is not eligible. The purpose of the designation is to promote French in Francophone minority communities outside Quebec.

For applications on or after June 15, 2023, the worker must prove to an officer moderate French proficiency (speaking and listening) equivalent to CLB/NCLC level 5 or higher. Proof can include TEF or TCF results, written confirmation from a college or university of a program completed in French (such as an official letter of completion or transcript), or other documents showing education in French. If not satisfied, the officer may ask for further evidence such as a TEF or TCF result, or an oral assessment. Reading and writing in French do not need to be proven, and the language of work does not need to be French.

Since June 15, 2023, C16 covers an offer of employment in a high-skilled (TEER 0, 1, 2 or 3) or low-skilled (TEER 4 or 5) occupation, except a low-skilled occupation in the primary agriculture sector as defined in IRPR 315.2(4): work within the boundaries of a farm, nursery or greenhouse that involves operating agricultural machinery, handling animals (other than fish) for animal products, or planting, caring for, harvesting or preparing crops, trees, sod or other plants for market. The worker must also meet the employment requirements of the occupation in the NOC. Before June 15, 2023, only TEER 0 to 3 jobs qualified.

Officers assess whether a C16 offer meets the code and is genuine. They check that "Requirements Exemptions Met" shows a language evaluation that meets the requirement; whether the occupation is reasonable for the employer to need (for example, a sixth supervisor in a business of 10 employees); whether wages equal at least the provincial or territorial minimum wage, are reasonable for the position and affordable given the employer's reported income; and whether the duties and job requirements align with the code and the occupation and the worker meets them. For program integrity they may ask whether the employer recently hired many employees from the same region for the same position and whether the employer's contact information matches the company.

Under the Global Skills Strategy public policy (IRPA 25.2; launched June 12, 2017), an officer may exempt a foreign national from needing a work permit to work in a TEER 0 or 1 occupation for up to 15 consecutive days, if not granted an exemption under the policy in the last 6 months, or up to 30 consecutive days, if not granted one in the last 12 months. After any short-term exemption, the worker must wait 6 months before using a 15-day exemption and 12 months before using a 30- or 120-day exemption. Days count consecutively from the date the exemption is granted, even if the worker leaves Canada during the period. The exemption belongs to the worker, not the employer; if the worker works for more than one employer in the period, each job must be TEER 0 or 1. A worker already in Canada cannot make an initial request for it from inside Canada. A visitor visa or eTA may still be needed.

A worker using the 15-, 30- or 120-day exemption must prove eligibility to the border services officer on arrival, for example with a job offer or contract from the Canadian employer showing the details of the work, the NOC code and job title, and the start and end dates. If satisfied, the officer issues a visitor record whose remarks must say the worker is authorized to work; without it the worker cannot get a social insurance number or be paid by the employer. The worker must stop working when the exemption ends and, to work again, must apply for a work permit from outside Canada or wait until eligible for another exemption.

Under the Global Skills Strategy public policy, a researcher may work without a work permit for up to 120 consecutive days if they have an offer from a Canadian publicly funded degree-granting institution (college or university level) or its affiliated research institution for a research position, with the work described as primarily research and its duration stated; will work 120 consecutive days or less; will contribute significantly to the value of the research project; and have not been granted an exemption under the policy in the last 12 months. Evidence includes written confirmation from the institution (or a coordinating organization such as MITACS) of the duties, the NOC code and the start and end dates, plus proof of education and experience. Institutions that do not conduct research do not qualify, and an initial request cannot be made from inside Canada.

IRCC aims to process eligible, complete Global Skills Strategy work permit applications within 2 weeks. For jobs that do not need an LMIA, the job must be TEER 0 or 1 and the employer must have submitted the offer of employment and paid the compliance fee in the Employer Portal (unless exempt); jobs that need an LMIA qualify only with a positive Global Talent Stream LMIA. The worker must apply online from outside Canada with a complete application (including upfront medical results if needed, certified translations and local visa office requirements) and give biometrics within 2 weeks of the biometric instruction letter. Applications made in Canada, paper applications, International Experience Canada and open work permits are not eligible. A spouse or common-law partner and dependent children qualify if they apply at the same time with complete applications. IRCC's help centre (answer modified 2026-09-28) says it will probably take more than 2 weeks to process a GSS application while IRCC recovers and works to return to 2-week processing.

Under IRPR 186(a) and 187, a business visitor may work in Canada without a work permit. A business visitor is a foreign national described in R187(2), or one who seeks to engage in international business activities without directly entering the Canadian labour market, which is the case only if the primary source of remuneration for the business activities is outside Canada and the principal place of business and actual place of accrual of profits remain predominately outside Canada. IRCC's public guidance (modified 2026-08-28) says business visitors must show they plan to stay less than 6 months, do not plan to enter the labour market, have their main place of business, income and profits outside Canada, have supporting documents and meet basic entry requirements. When a Canadian entity contracts services from a foreign company that sends an employee to perform them, that employee is not a business visitor and needs a work permit, even though paid from outside Canada.

Business visitor activities include buying Canadian goods or services for a foreign business or government; taking orders for goods or services; going to meetings, conferences, conventions or trade fairs; giving after-sales service as part of a warranty or sales agreement; being trained by a Canadian parent company the visitor works for outside Canada; training employees of a Canadian branch of a foreign company; and being trained by a Canadian company that sold the visitor equipment or services. IRCC instructions add attending board of directors meetings. A work permit is needed for hands-on work or services done in Canada under a contract between a Canadian entity and the foreign company (contract for services), for filling a role in the Canadian operation, for regular sales to the general public, and for repairs not covered by a warranty or the original sales or lease agreement. A board member who does other business duties in Canada may need a work permit.

IRPR 187(2)(b) makes business visitors of foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental. IRCC's business visitor page also requires every business visitor to show that their main place of business and source of income and profits are outside Canada.

After-sales service people may be business visitors only when the service contract is for specialized commercial or industrial equipment purchased or leased outside Canada, and they come to repair, service, set up, test or supervise work under a service contract that extends, or was negotiated as part of, the original sales, lease or rental agreement. Service contracts negotiated with third parties after the sale are not covered, unless the original sales agreement names the third company. Set-up does not include hands-on work typically done by construction or building tradespeople (for example electricians or pipe fitters), with exceptions for prefabricated structures or equipment needing proprietary knowledge. If the work is not covered by a warranty or a related service agreement in the original sale or lease, a work permit is required.

IRPR 187(2)(c) covers foreign nationals representing a foreign business or government to sell goods for it, if they are not making sales to the general public in Canada (wholesalers, retailers, corporations and institutions are not the general public). IRCC sales instructions (date modified 2017-10-16) say a business visitor may sell, take orders or negotiate contracts during a visit, but a work permit is required if the goods are delivered or the services provided during the same visit; foreign sales representatives may not sell predominantly Canadian-made goods or Canadian-provided services without a work permit; and regular sales to the general public need an LMIA-based work permit. Exhibitors taking business-to-business orders for foreign-made goods at trade shows are business visitors.

Canadian companies must write a letter of invitation when they host business visitors, and should send each visitor two originals: one for a visa application and one to show on entry. The letter covers the invitee (name, date of birth if known, company and position, contact details, relationship and business history with the host, purpose and length of the visit, expenses the host will cover, intended departure date), the person inviting (name, title, Canadian address and phone numbers, work email) and the company (name, headquarters and facility addresses, website, date of registration or incorporation, type of business). A letter of invitation does not ensure a visa is issued. IRCC instructions also expect letters of support from the visitor's employer, and the visitor brings a valid passport, a visitor visa or eTA if required, relevant contracts or warranty agreements, 24-hour contact details for the host and proof of funds.

IRPR 199(b) lets people working in Canada without a permit under section 186 apply for a work permit after entering Canada, but not business visitors within the meaning of section 187. IRCC instructions on work without a permit confirm that business visitors are excluded from applying for a work permit after entry.

For an employer-specific work permit without an LMIA under IRPR 204, 205 or 207 (including C10, C13, C16 and C20), the employer must, before the worker applies, submit through the Employer Portal (R209.11): its name and contact details, its CRA business number if applicable, information showing the work falls under the exemption, a copy of the offer of employment, and attestations that it has a signed employment agreement with the worker (same occupation, wages and working conditions as the offer, in the worker's chosen official language, copy given to the worker) and has not charged or recovered the compliance fee or recruitment fees from the worker, directly or through a recruiter. The Portal issues an offer of employment number (A plus 7 digits) for the worker's application. An application must be refused under R200(3)(f.1) if a non-exempt employer has not submitted the offer and paid the fee. No offer is needed when hiring a worker with an open work permit, for employers exempt under R209.91 (foreign governments, diplomatic and consular missions, recognized international organizations, international bridge or tunnel operators), or for activities that need no work permit. Employers exempt only from the fee must still submit the offer.

IRPR 303.1 makes a $230 fee payable by an employer who makes an offer of employment for work under section 204 or 205, to a worker described in section 207, or for a renewal of such a permit, before the worker applies. Offers made at the same time to a group of 3 or more performing artists and their staff cost $690 in total. No fee is payable by employers exempt under R209.91, or for an offer to a worker who is exempt from the work permit processing fee under R299(2), except International Experience Canada participants under R299(2)(i); examples are reciprocal artistic, cultural or educational agreements, research designated under R205(c)(i) and unpaid charitable or religious work. To claim an exemption, select "No, I am exempt from paying fees for this Offer of Employment" in the Employer Portal and upload a letter of explanation as proof. The fee is refunded if the permit is refused, or if the employer withdraws the offer and asks for remission before the permit is issued. The worker separately pays the $155 work permit fee and, if required, $85 for biometrics (IRCC fee list, modified 2026-09-21).

If an employer hires a temporary worker who has an open work permit, the employer does not need to submit an offer of employment or pay the employer compliance fee. An open work permit lets the holder work for any employer in Canada, except employers on IRCC's list of employers who have not met their responsibilities and employers that regularly offer striptease, erotic dance, escort services or erotic massages.

Employers are asked to explain, in the offer of employment, how it meets the LMIA exemption or regulatory requirement for the stream (the "Requirements Exemptions Met" field), and may upload documents. Officers check that the exemption code matches the explanation (they may correct a code chosen in error if the explanation supports another one), that the main duties match those of the NOC code chosen (duties from a lower level in the same skill type are acceptable, higher-level duties are not), that every field is complete rather than "see attached", and that the worker meets the job requirements. Incomplete offers can lead to refusal or a request for a new offer.

Repair personnel who come to fix specialized industrial or commercial equipment that is no longer under warranty or covered by a lease or after-sales agreement, or to make emergency repairs that prevent disruption of employment, need a work permit under code C13 (R205(a)), usually for less than 30 calendar days. The worker must have the specific knowledge needed; for out-of-warranty repairs, the original equipment manufacturer must have no commercial presence in Canada and Canadian jobs must be greatly affected if the repair is not done in time. The Canadian company that contracts the foreign company's services must submit the offer of employment and pay the compliance fee, even if the worker stays an employee of the foreign company and is paid by it. The offer explains the need, confirms there is no manufacturer presence in Canada and the impact on Canadian jobs, and describes the work. C13 workers going to Quebec do not need a CAQ.