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Hiring Temporary Workers (TFWs) and LMIA Exemption Codes

C10, C12, C20, C21, A75 or T52…. International agreements or Canadian interests. Did you know that the Immigration and Refugee Protection Regulations (IRPR) provides for situations where a work permit is issued without its holder being required to obtain a labor market impact study (LMIA)?

The International Mobility Program (IMP) allows employers to hire temporary foreign workers without having to demonstrate that no Canadian or permanent resident is available to do the job. This is an expedited process, considering that the employer is not required to demonstrate its recruiting efforts. However, he must convince the immigration officer that the circumstances leading to the hiring of a TFW are provided by the IRPR. Each LMIA exemption case corresponds to an exemption code (C21 or A75) and the specific requirements of each of them, can be found on the IRCC page.

The employer must make sure that his future employee holds, as the case may be, the nationality, age, qualifications and working experience, in order to be able to submit an application for an LMIA-exempt work permit. Obviously, not all of these criteria are applicable for a single exemption code, but a careful reading of the conditions is essential. Keep in mind that these administrative standards for IRPR’ application, are subject to constant review, and, for this reason, before submitting an application, you must validate with your future employee that he meets all the documentary requirements.

Checking if the country of citizenship of your future employee has signed a bilateral international mobility or free trade agreement with Canada or if you are hiring a candidate from one of your subsidiaries or parent company abroad or, again, if your future employee has applied for permanent residence, are good questions to be asked before looking for an LMIA exemption code.

Finally, any employer willing to hire a TFW through this program must create an Employer Portal account. It is on this portal that companies will validate their job offers, allowing afterward, to their future employees to apply for a work permit. A little practical advice: for the best use of this government service, make sure that only one person on your team has access to the portal and that the published pertaining information reflects both the requirements of the used exemption code and the signed offer signed with your future employee. Also, keep your username, password and answers to security questions in a safe place. Because there is nothing more frustrating than not being able to access it, especially when you are dealing with tight deadlines.

We have seen under what conditions employers can hire TFWs either in the IMP or in the Temporary Foreign Worker Program (in the previous article). Nevertheless, what do you know about the employer compliance?

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