How to immigrate to Canada in 2022 without LMIA?
By Rajneesh Kumar
Posted on March 15, 2022
The Labour Market Impact Assessment, popularly called LMIA, is issued by Economic and Social Development Canada (ESDC). In most cases, an employer needs a positive LMIA to hire an international worker and support their job offer for the Federal Express Entry system. It also assesses the impact of recruiting a skilled foreign worker in Canada.
However, an Express Entry applicant under the following scenarios doesn’t need to get an LMIA from their employer for supporting the job offer:
- If they are working full-time for an employer on a valid work permit for a minimum one year or an equal amount of part-time
- If they have a valid job offer in hand
- If they have a valid work permit with LMIA exemption under an international agreement, a federal-provincial agreement or “Canadian interests” category.
- Jobs exempted from the Labour Market Impact Assessment (LMIA)
For Canadian immigration through Express Entry, you may get exempted from requiring LMIA to qualify if you are temporarily working in an LMIA-exempted job, which states a specific employer/s and which is:
- Covered by CUSMA or GATS international agreement and non-trade agreements. This may include traders, investors and professionals.
- Covered by Canada and a province or territory agreement. This includes projects of “significant investment.”
- Exempted on “Canadian interests” grounds like significant benefit where an employer may prove that you have a potential to bring social, economic or cultural benefit to Canada. This includes Self-employed engineers, creative artists, technical workers, workers transferred within a company and workers under Mobilité francophone.
- Reciprocal employment allows foreign workers to get a job in Canada, with Canadians having similar job offers in other nations. In general, it includes professional coaches and athletes working in Canadian teams, youth and young professionals under International Experience Canada, which is a work abroad program and professors and visiting lecturers under exchange programs.
- Minister designated jobs like researchers, visiting professors, medical residents and fellows, etc.
- Charity and religious work except for volunteers
Individuals under LMIA Exemption
Following people are exempted from requiring LMIA:
- Dependents including spouses and children of Skilled foreign workers who are Canadian work permit holders
- Provincial Nominees
- Intra-company Transferees
- Foreign workers working for a charitable or religious institution in Canada
- PhD students under a post-doctoral fellowship program at any Canadian DLI
- Spouses and common-law partners of international students who are studying in Canada as valid study permit holders
Canada Immigration pathways without LMIA
Following are the most popular and most accessible Canada PR pathways through which you can move to Canada without a job offer or LMIA, to be specific, from any Canadian employer:
- Federal Skilled Workers Program- Managed under the Federal Express Entry system, the FSWP is one of the most popular economic immigration programs among skilled foreign workers. To qualify, you must meet minimum requirements for skilled work experience, language ability and education. Based on six selection factors, you must score 67 points out of 100 on the FSW points grid.
The foremost requirement is to have a minimum of 1 year of skilled work experience in any National Occupational Classification (NOC) job groups, including Skill Level O, A or B. The work experience can be gained outside of Canada, but it has to be full-time or an equal amount of part-time within the past ten years.
Additionally, to be eligible and enter the pool of candidates, you are also required to meet the other minimum eligibility criteria, i.e.
- to obtain minimum CLB 7 in all four language abilities
- to have completed a certificate, diploma or degree and an Educational Credential Assessment (ECA) report for education obtained outside of Canada
- Federal Skilled Trades Program is also managed under the Federal Express Entry program. It is ideal for those skilled foreign nationals who want to apply for a Canada PR visa based on being qualified in a particular skilled trade.
To qualify for FSTP, you must have a qualification certificate in a particular skilled trade. The certificate must be issued by a Canadian provincial, federal or territorial authority. In addition, candidates must have a minimum of two years of work experience (full-time or an equal amount of part-time in a skilled trade gained within the past five years before applying and must meet the language requirement, i.e. CLB 5 for Speaking and listening and CLB 4 for Reading and writing.
Apart from FSWP and FSTP, the following PNPs also offer you a permanent pathway to Canada without requiring a Job Offer and LMIA:
- Ontario Immigrant Nominee Program (OINP)- Ontario’s Express Entry – Human Capital Priorities Stream offers the best Canada PR pathway to applicants who don’t have a job offer from a Canadian employer.
- Occupation In-Demand
- Express Entry
- Alberta Immigrant Nominee Program (AINP)– Under Alberta Express Entry Stream, you don’t need a job offer and an LMIA to qualify. All you need is to meet the selection criteria for any one of three Express Entry programs, including:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class Program
Are you looking for professional assistance to take forward your Canada immigration process? If yes, you may connect with Visas Avenue- one of India’s leading visa and immigration consultancy companies.
We work with ICCRC registered members who can advise you throughout the entire Canada PR application process, documentation, and more. You may reach on Toll-free no. 78-18-000-777 or drop us an email at email@example.com.