Work permits without an LMIA

Under IRPR 205(a), the work must create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. Officers must be reasonably convinced that the applicant's employment and unique qualifications, expertise and/or experience will have positive effects on the broader community, region or country, beyond the applicant, their dependants and the employer; the benefits may be tangible or intangible but must be valid, reasonable and demonstrable, and officers weigh them against risks such as the displacement of Canadians and wage suppression. Evidence depends on the benefit claimed: economic (for example job creation, market expansion, preventing the disruption of employment for Canadians, or economic stimulus in remote areas), social (for example improving community well-being or addressing health and safety threats) or cultural (for example national or international awards or patents, membership in an organization requiring excellence, scientific or scholarly contributions, or renown for artistic and cultural endeavours). Significance is relative to the industry, town or sector and does not need to be Canada-wide. The authority is for unique or exceptional situations where the benefit is clear, compelling and documented, and should not be used for convenience. The applicant needs an offer of employment number generated by the Employer Portal (IMM 5802 only if authorized) and detailed evidence of how the work provides a significant economic, social or cultural benefit.

C11 applies to foreign nationals seeking to operate (including establish) their own business in Canada who seek only temporary residence: the applicant should control at least 51% of the business; the business must bring significant benefit (e.g. advancement of Canadian industries through market expansion, extensive job creation and product/service innovation; job creation affecting the local job market; development in a regional or remote setting; expansion of export markets); the work must be temporary or seasonal with plans to leave Canada in a specified period; the applicant must have sufficient support funds for themselves (and their family members, if applicable), separate from the business funds (IRCC guidance: transferable, unencumbered funds equal to the low income cut-off for the family size for at least 18 months, or for the stay if shorter), and separate business funds to carry out the proposed work, with proof of their provenance. The applicant submits the offer for themselves in the Employer Portal and pays the employer compliance fee. Officers should not issue for more than 18 months unless there is a definite plan to exit managing the business. Applicants intending to seek PR are assessed instead under C60 (provincial business candidates / Quebec self-employed) or the Start-up business class (A77).

Since June 15, 2023 (Ministerial designation under R205(c)(ii)), applicants must be destined to live and work in a province or territory outside Quebec, have an offer in any TEER 0–5 occupation except low-skilled (TEER 4–5) primary agriculture, and prove French proficiency at NCLC 5 or higher in speaking and listening. The language of work does not need to be French. Evidence may include TEF/TCF results or proof of education in French; a test is not automatically required. An offer of employment number from the Employer Portal (or IMM 5802 in limited cases) is required. The applicant must provide proof that the work location is outside Quebec; telework or remote work for an employer located in Quebec is not eligible.

Under IRPR 205(b), the work must create or maintain reciprocal employment of Canadian citizens or permanent residents in other countries (e.g. exchange agreements or arrangements by a multinational or academic institution, cultural agreements with specified countries). The general order of magnitude of exchanges should be reasonably similar on an annual basis. Evidence of reciprocity is required (exchange agreement, letter from the receiving Canadian institution, offer showing reciprocity, governing-body letter); officers may request exchange-volume data. The employer selects C20 in the Employer Portal and explains reciprocity in 'Requirements Exemptions Met'. (Coaches and athletes are now under C26.)

The applicant must be a citizen of the U.S. or Mexico; have prearranged employment with a Canadian employer in a listed CUSMA professional occupation; hold the required qualifications for that occupation; and comply with all other requirements for temporary entry. Self-employment in Canada is not allowed (a self-employed person abroad may qualify if services are prearranged with a Canadian employer). No LMIA and no mandatory wage assessment. Offers are submitted through the Employer Portal. TRV-exempt applicants may apply at a port of entry; in-Canada applications are possible under IRPR 199. Initial permits up to 3 years; extensions in increments of up to 3 years.

The applicant must be a citizen of the U.S. or Mexico; have been employed continuously in a similar full-time position for at least one year within the 3 years before the initial application; be transferring to a Canadian enterprise in a qualifying relationship; and be an executive/manager (T37) or specialized-knowledge worker (T38, both proprietary knowledge and advanced expertise). The enterprise must be doing business in Canada and in the U.S. or Mexico. No mandatory wage assessment (wage is an indicator only). Initial up to 3 years, 2-year renewals; total stay up to 7 years (T37) or 5 years (T38), cumulative across ICT categories. TRV-exempt applicants may apply at a POE; in-Canada applications possible under IRPR 199.

The applicant must be a citizen of the U.S. or Mexico; the employing enterprise must have American or Mexican nationality (determined by ownership); activities must involve substantial trade in goods or services, principally (over 50 percent of the total volume of the entity's international trade) between Canada and the U.S. or Mexico; and the position must be supervisory or executive or involve essential skills. Initial work permits: maximum 1 year; extensions of 2 years if requirements continue to be met. The initial application should be submitted outside Canada.

The applicant must be a citizen of the U.S. or Mexico; the enterprise's nationality (indicated by ownership) must be American or Mexican; the investment must be substantial; significantly proportional to the total investment; the applicant must seek temporary entry solely to develop and direct the operations of the enterprise; and must qualify in a supervisory or executive capacity (TEER 0 or 1) or have essential skills. Initial stay: maximum 1 year. The initial application should be submitted outside Canada.

The foreign and Canadian enterprises must be legal entities in a qualifying relationship of parent, subsidiary, branch or affiliate; ownership and control establish the relationship ('ownership' = right of possession with full power and authority to control; 'control' = right and authority to direct management and operations). Business relationships between suppliers or clients, contracts, licensing, franchising and small stock holdings do not create a qualifying relationship. The worker must be transferring temporarily, in the same capacity, from the foreign enterprise of a multinational company to the Canadian enterprise.

The enterprise must be doing business in Canada (or will be, for a new qualifying enterprise): regularly, systematically and continuously providing goods and/or services. The mere presence of an agent or office does not itself demonstrate doing business; an enterprise with no employees that exists in name only does not qualify.

The applicant must be currently employed by the foreign enterprise in an executive, managerial or specialized-knowledge capacity and must have been employed continuously, in a similar full-time position outside Canada, for at least 1 year in the 3-year period before the initial application. The year may not be accumulated through part-time work equivalent to 1 year.

Executive capacity (TEER 0): directs the management of the enterprise or a major component or function of it. Managerial capacity (TEER 1): manages the enterprise, a department, subdivision, a component or an essential function of the enterprise; oversees and controls the work of other managers or supervisors, professional employees, or an essential function; has authority over personnel decisions or, if not directly supervising staff, functions at a senior level in the hierarchy. Duration: initial permit up to 3 years, renewals in 2-year increments; total period of stay may not exceed 7 years (cumulative across ICT categories; recapture not considered for periods under 30 consecutive days).

Specialized knowledge is knowledge that is unique and uncommon among the enterprise's general workforce; it requires both advanced proprietary knowledge (of the company's products, services, research, equipment, techniques or management) and an advanced level of expertise. For R205(a) specialized-knowledge applicants, a minimum wage floor set at the prevailing wage for the occupation in the region is required (for R204(a) trade-agreement entrants a mandatory wage floor is not always required). Duration: initial up to 3 years, renewals in 2-year increments; total stay may not exceed 5 years.

For an ICT coming to establish a qualifying enterprise in Canada: the foreign enterprise must be an existing multinational with revenue-generating business operations in at least 2 countries; the applicant must be entering to secure physical commercial premises for the new Canadian enterprise; the employer must provide HR/staffing plans and a business plan and financial documentation showing capacity to start the business (including ramp-up costs). The initial work permit is limited to a maximum of 1 year. The other ICT requirements (qualifying relationship, 1 year continuous employment, executive/managerial/specialized-knowledge capacity) also apply.

For an LMIA-exempt employer-specific work permit, the employer confirms the LMIA exemption, pays the employer compliance fee (CAD 230) unless exempt, and creates and submits an offer of employment through the IRCC Employer Portal, which generates an offer of employment number the worker uses to apply. The offer must include the LMIA exemption code. Employers hiring a worker who already holds an open work permit do not submit an offer or pay the fee. Since late 2024, most foreign nationals already in Canada can no longer apply for a work permit at a port of entry and must apply online. Starting March 13, 2026, certain workers in Quebec extending a permit may qualify for an LMIA exemption.

A fee of CAD 230 is payable by an employer who has made an offer of employment to a foreign national for work under IRPR s. 204 or 205, or to a foreign national described in s. 207, including renewals; it must be paid before the foreign national applies for the work permit or renewal. Exemptions: employers exempt under IRPR 209.91, and offers to foreign nationals who are exempt from the work permit processing fee under IRPR 299(2) (except 299(2)(i)). The fee is repaid if the permit is refused or the offer is withdrawn with a remission request before issuance. For offers made at the same time to a group of three or more foreign nationals consisting of performing artists and their staff, the total fee is $690 (IRPR s. 303.1(7)).

The applicant must have a valid nomination for permanent residence from a province or territory other than Quebec (or proof the PR application was submitted before the nomination expired), a copy of the confirmation of nomination letter, and a provincial letter of support confirming the urgent need to start the job before PR and that R204(c) factors are met. The offer must be an LMIA-exempt offer from an employer based in the nominating province or territory, submitted in the Employer Portal and matching the support letter, and the employer must show payment of the compliance fee. The nominee may apply before submitting the PR application unless the nomination has expired or is paused. The permit may be issued for the duration of the offer up to a maximum of 3 years, or passport expiry if earlier, and does not authorize work in any other location than the province of nomination. Nominees whose nomination restricts them to a specific employer cannot get a bridging open work permit.