Canada Clarifies Rules for LMIA-Exempt Work Permits

Canada has updated its rules for certain foreign professionals applying for short-term work permits under an international trade agreement.

Immigration, Refugees and Citizenship Canada has issued clearer instructions for officers handling applications under the General Agreement on Trade in Services, known as GATS. The agreement is part of the World Trade Organization system and allows some foreign professionals to enter Canada temporarily to provide services under a contract.

The updated guidance applies to the GATS Professionals stream. This pathway lets eligible foreign workers come to Canada for up to 90 days within a 12-month period.

These workers do not need a Labour Market Impact Assessment, or LMIA. An LMIA is usually required to show that no Canadian worker is available for the role.

More permanent residents now eligible

The previous rules allowed citizens of WTO member countries to apply. They also allowed permanent residents of Australia and New Zealand to use the pathway.

The updated guidance now adds permanent residents of Armenia and Switzerland. Permanent residents of all four countries may apply if they meet the remaining requirements.

The WTO currently has 166 member nations.

More documents expected

IRCC has also made its document requirements clearer.

Applicants must still provide proof of citizenship or permanent residence, a signed service contract, proof of qualifications, a job description, and any needed licence or recognition from a professional body.

The new guidance adds more examples of documents applicants may need. These include reference letters, a company support letter, details about training and experience, degrees or certificates, publications or awards where relevant, and a detailed description of the work to be done in Canada.

Employers must also submit an offer of employment through IRCC’s Employer Portal. In cases approved by IRCC, the IMM 5802 form may be used instead.

Contract rules made clearer

The updated instructions separate eligible jobs into two groups.

Group 1 includes engineers, agrologists, architects, forestry professionals, geomatics professionals, and land surveyors. Geomatics professionals must work in aerial surveying or aerial photography.

Group 2 includes foreign legal consultants, urban planners, and senior computer specialists. Senior computer specialists are limited to 10 entrants per project.

For Group 1, the service contract must come from a foreign service provider in a WTO member country. That company may also have a presence in Canada.

For Group 2, the foreign service provider must not have a business presence in Canada. The Canadian client must also be actively doing real business in Canada.

IRCC has also made clear that contracts with personnel placement or supply agencies do not qualify under GATS.

Core rules remain the same

Several main rules have not changed. The maximum stay remains 90 consecutive days in a 12-month period, with no extensions.

Education, health-related services, recreation, cultural services, and sports services remain excluded. Applicants must still meet education, licensing, and professional recognition rules for their occupation.

Applicants may apply through a visa office, at a port of entry where eligible, or from inside Canada where allowed.

A GATS work permit gives only temporary status. Workers who want to settle in Canada permanently must apply through a separate immigration pathway, such as Express Entry or a Provincial Nominee Program.