Is LMIA Required for Open Work Permit in Canada or Not?

To work at a workplace in Canadav , it is imperative to understand the details of the Canadian immigration system. Numerous people ask one question about the process: Does an applicant need a Labour Market Impact Assessment for an Open Work Permit? Here's an attempt to give a definitive answer about an important segment of the process.

What is an Open Work Permit?

An open work permit is for foreign nationals; they are allowed to work for any employer in Canada, but with some exceptions. The permit affords workers much flexibility because it does not tie workers to a specific job or employer. Instead, it gives the workers the chance to explore various available employment opportunities while working in Canada. Importantly, such a permit is beneficial to people who want to obtain Canadian work experience yet are not tied down to a specific employer.

What is LMIA?

The LMIA is actually an application by a Canadian employer who intends to recruit a foreign worker. In fact, before making the application, employers must show that they have done enough in trying to recruit Canadian citizens or permanent residents for the open position but failed to find suitable candidates. Having undergone this process, if approved, the LMIA ensures that hiring a foreign worker will not adversely affect the labour market in Canada.

Is LMIA Mandatory for Open Work Permit?

No, LMIA is typically not required for the Open Work Permit. The feature of not requiring an LMIA makes the Open Work Permit quite attractive to many foreign workers as its application process is relatively more straightforward and speedier in comparison to Employer-Specific Work Permits, which usually require an LMIA.

Conditions Where LMIA is Not Required

1. International Experience Canada (IEC): Probably, the most current means of obtaining an Open Work Permit without requiring an LMIA is through the International Experience Canada program. The program allows youths from participating countries to come and work in the country for a temporary period without the need for an LMIA.

2. Spousal or Common-Law Partner Work Permits: You might be the spouse or common law partner of a skilled worker or international student in Canada then you could be qualified for an Open Work Permit without LMIA to support your spouse while they work or study.

3. PGWP: International students who completed a program of study in a designated learning institution are entitled to apply for a PGWP. This Open Work Permit enables them to work in Canada for any employer, without an LMIA being required.

4. Refugee Candidate: An applicant has a refugee claim in Canada. He can apply for an Open Work Permit during the processing of his claim, once more without having to take up an LMIA.

When Would LMIA be Relevant?

In general, an LMIA is not required for an Open Work Permit. However, under special circumstances, the LMIA might be pertinent in the following ways:

1. Changing jobs from temporary to permanent employees: A foreign worker is recruited through an Open Work Permit. Then, he wishes to change his job position into a permanent one. In this case, he may be asked to obtain an LMIA.

2. Employer-Specific Work Permits: A worker with the Open Work Permit may need to be switched to Employer-Specific, during which a LMIA may need to be secured to validate their new employment.

All in all, LMIA is generally not required when applying for an open work permit in Canada; it is, therefore, a very attractive option for many foreign workers. The various kinds of work permits and their application must be understood clearly by any person who wishes to work in the country.

Though LMIA is indeed required in certain cases, the open work permits offer flexibility and allow those intending to experience work life in Canada gain potential opportunities. Application processes are often smooth only if an up-to-date immigration policy is consulted and preferably an immigration expert is consulted.

Looking for help with your immigration? Oasis Visas is here to guide you from start to finish. Just send us an email at info@oasis-india.com, and we’ll help make your dream of moving abroad a reality!