International Mobility Program (IMP)

Foreign employees that require the Labour Market Impact Assessment (LMIA) of the Canadian government are under the Temporary Foreign Worker Program (TFWP). Foreign workers who do not need an LMIA, on the other hand, are covered by the International Mobility Program (IMP). The TFWP allows Canadian firms to hire foreign workers when there are no appropriate Canadian workers available.

The IMP’s mission is to advance Canada’s wide economic, social, and cultural interests. Because the policy goals of the IMP are broader, the Canadian government does not use the LMIA process on foreign persons who fall within any of the IMP’s streams.

Different Streams of IMPs

The following are some of the most prevalent LMIA-exempt streams available through the International Mobility Program (IMP). This page is divided into the sections listed below:

1. Significant Benefit
2. Employment Exchange
3. Religious and charitable workers

• Significant Benefit:

Aside from the situations listed in this section, Canadian immigration officers have some leeway in determining whether the issuing of a work permit to a foreign citizen is acceptable without the necessity for an LMIA. This is referred to as a considerable social or cultural gain.

The proposed benefit to Canada from the foreign national’s work must be significant, which means it must be noteworthy or notable. Officers usually rely on the testimony of credible, trustworthy, and distinguished experts in the field of the foreign national, as well as any objective evidence provided. The foreign national’s track record is a solid predictor of future success.

Criteria for “substantial social or cultural benefit”:

• An official academic document demonstrating the foreign national’s possession of a degree, diploma, certificate, or comparable award from a college, university, school, or other institution of learning relevant to their competence.
• Evidence from current or past employers demonstrating that the foreign national has significant full-time experience in the occupation for which he or she is seeking employment (major in this context can be interpreted as ten or more years experience)
• Has received national or international accolades or a patent.

• Evidence of membership in organizations requiring excellence of its members;
• Having been the judge of the work of others.
• Evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations.
• Evidence of scientific or scholarly contributions to the field by the foreign national.
• Publications authored by the foreign national in academic or industry publications.
• Leading role of the foreign national in an organization with a distinguished reputation.

Entrepreneurs and self-employed individuals:

Private entrepreneurs who seek to come to Canada temporarily to start or operate a business may be given an LMIA exemption. Applicants for one of these programs must be the only or majority owner of the business that they seek to establish in Canada. They will also have to show that their business will benefit Canada significantly. Entrepreneurs can only obtain LMIA-exempt work permits if they can establish that their work in Canada is only temporary. Owners of seasonal businesses will benefit the most from this category.

Entrepreneurs who have already sought for permanent residence in Canada may be eligible for LMIA-exempt work permits in this category. Entrepreneurs can only obtain LMIA-exempt work permits if they can establish that their work in Canada is only temporary.

Transferees within a company

Intra-Company Transferees may be eligible for an LMIA exemption for a temporary relocation to Canada. Transferees must be executives, managers, or specialized knowledge employees for a foreign company with a qualifying link to the Canadian company.

Foreign Workers’ Dependents

Spouses and children of Foreign Workers with a Canadian work permit for a skilled position are exempt from the LMIA requirement. Please keep in mind that this does not apply to the spouses of employees participating in an International Exchange Program.

Skilled French-Speaking Employees

Foreign nationals recruited through a francophone immigration promotional event co-ordinated by the federal government and Francophone minority communities, destined for a province or territory other than Quebec, and qualified under a National Occupational Classification (NOC) 0, A, or B, may be eligible to work in Canada through Mobilité Francophone.

Academics

Researchers, guest lecturers, and visiting professors are all included.

Provincial Exemptions from LMIA

Workers nominated for permanent residency by a province and who have a job offer in that province may be excused from the necessity for an LMIA.

Employment Exchange

Reciprocal employment agreements enable foreign workers to work in Canada when Canadians have similar reciprocal labor opportunities elsewhere.

International Treaties

Canada is a signatory to a number of international treaties that make it easier for foreign workers to enter the country. Foreign worker admission under these agreements is deemed to be of great advantage to Canada and, as such, does not necessitate an LMIA. This is illustrated by the North American Free Trade Agreement (NAFTA).

Charitable Workers

In Canada, charity is defined as the alleviation of poverty, the development of education, or certain other community-beneficial reasons. As a result, certain charitable workers do not need an LMIA to temporarily enter the Canadian labor market.

Being registered as a chairty with the Canada Revenue Agency (CRA) is a strong indicator that an organization is charitable in character. However, under this LMIA-exempt provision, foreign workers may be authorized to work in Canada for an entity that is not registered with the CRA; in such cases, the visa officer may require extra information from the employer.

The Canadian government distinguishes between a charitable worker who requires a work visa and a volunteer worker who does not. A volunteer worker does not enter the labor force, and his or her presence in Canada is incidental to the visit’s principal goal. A charitable worker, on the other hand, frequently takes a position involving an activity that satisfies the definition of employment and may be reimbursed in Canada for his or her efforts. As a result, he or she requires a work permit, while the LMIA process is optional.

Religious Worker

Religious work usually requires the foreign national to be a member of or share the beliefs of the religious community where he or she desires to work, or to be able to teach or share other religious beliefs as required by the employer.

The major duties of the foreign national in this LMIA-exempt category should reflect a specific religious aim, such as religious instruction or promotion of a particular religion or faith.

The effort should encompass developing a religious faith’s spiritual teachings as well as maintaining the doctrines and spiritual observances that those teachings are built on

International Mobility Program: Employer Compliance

When hiring foreign workers through the International Mobility Program, Canadian firms have specific responsibilities.

The Government of Canada implements these guidelines to ensure that the IMP’s policy objectives are met. While the IMP has broad economic, social, and cultural purposes, the Canadian government is concerned that employers do not take advantage of the program at the expense of both foreign and local workers

Responsibilities-of-the-Employer

The employer is required to:

• When the worker arrives in Canada, arrange for workers’ compensation and medical coverage as required by the province or territory.
• Ensure that the worker has the required work authorization; a Social Insurance Number (SIN) is not proof of a valid work permit.
• Employers are legally responsible for ensuring that the conditions and time limits outlined in the worker’s work permit are met.
• Remain actively engaged in the business that made the job offer for the duration of the worker’s employment;
• Comply with all federal, provincial, and territorial employment laws, including laws governing worker recruitment.
• Provide the worker with a job in the same occupation listed in the offer of employment;
• Provide the worker with wages and working conditions that meet or exceed those listed in the offer of employment;
• Make reasonable efforts to provide a workplace free of physical, sexual, psychological, and financial abuse;
• Keep any documentation related to the worker’s hiring and employment for a period of six years after the work permit is issued.

Inspections

An Immigration, Refugees and Citizenship Canada (IRCC) officer or an Employment and Social Development Canada (ESDC)/Service Canada officer acting on behalf of IRCC may inspect employers.

An inspection is conducted to ensure that the employer continues to meet the conditions outlined above, thereby ensuring that workers are not mistreated and that the IMP is being used as intended.

An employer may be chosen for an inspection for one of three reasons:

• There is reason to suspect non-compliance
• The employer has previously been found non-compliant
• The employer was chosen at random.

The employer who submits an offer of employment to IRCC to hire a temporary worker is responsible for meeting the program conditions and may be selected for an inspection at any time after the temporary worker’s first day of employment and up to six years after their work permit is issued.

Employers who have hired an authorized representative to submit job offers on their behalf are still responsible for adhering to all inspection activities and requests.

If an inspection is requested, the employer must:

• Report at the specified time and location to answer questions
• Provide requested documents as specified in the letter received
• During an inspection, an officer may also enter and inspect any place where a foreign national works, as well as interview any foreign or Canadian workers on the job.

The final decision

Employers who are found to be noncompliant will receive a letter outlining the violation and the penalties that will be imposed (outlined below).

The employer has 30 days from this point to respond in writing with additional information about the violation, the resulting penalties, or both. This may include justification for noncompliance, as well as any other factor or consideration that the employer believes is important for the officer to be aware of before making a final decision.

Employers may also request an extension beyond the initial 30-day response period. Requests for extensions will be considered on a case-by-case basis.

If the final decision is a finding of noncompliance, the employer will receive a final notice outlining the condition(s) violated, how the employer failed to comply, the reason(s) for the decision, the penalties, and the next steps to take

Explanation for noncompliance

Noncompliance may be justified in some circumstances. Violations may be justified if they result from:

• A change in federal or provincial law; a change in collective agreement provisions
• A significant change in economic conditions that directly affects the employer’s business
• An error made in good faith by the employer, such as an unintentional administrative or accounting mistake, and the employer later made efforts to correct it for any workers who were affected
• An exceptional and unforeseen event (i.e. natural disaster)
• And other similar situations.

During an inspection, and before a final decision of noncompliance is made, the employer should provide IRCC with information and supporting evidence explaining how the noncompliance is justified. If the officer accepts the justification, the employer may avoid being found in violation.

Penalties

Employers who are found to be noncompliant for a violation may face a variety of penalties. These are determined by a point system that takes into account:

• The type of violation
• The employer’s compliance history
• The severity of noncompliance
• The size of the business (for financial penalties only)
• Whether the employer voluntarily disclosed information about potential noncompliance prior to the inspection.

Penalties may include the following:

• Warnings
• Monetary penalties range from $500 to $100,000 per violation, with a maximum penalty of $1 million over one year
• A ban of one, two, five, or ten years, or permanent bans for the most serious violations
• The company’s name and penalty published on a list of employers who failed to comply with the conditions (when the employer has received a monetary penalty and/or a ban)
• Work permit applications associated with the business being refused
• Previously-issued work permits being refused