LMIA-Exempt Work Permits – Swodeshi Immigration Services
LMIA-Exempt Work Permits in Canada | Swodeshi Immigration Services
Work Permits & LMIA

LMIA-exempt work permits

Not every Canadian work permit needs a Labour Market Impact Assessment. Spouses, graduates, transferees, francophone workers and people already applying for permanent residence often qualify under the International Mobility Program — faster, cheaper, and with no employer LMIA at all. The question is which exemption fits.

Status, September 2026

The family open work permit rules changed materially on January 21, 2025 and catch people out constantly. Spouses of workers now qualify only where the principal works in a TEER 0 or 1 occupation or a selected TEER 2 or 3 occupation, and dependent children are no longer eligible at all. Spouses of students qualify only where the student is in a master's program of 16 months or longer, a doctoral program, or a listed professional degree program. Older guidance still circulating online describes the previous, far broader rules.

$230Employer compliance fee for an employer-specific IMP permit — no LMIA fee
$100Open work permit holder fee, on top of the processing fee, unless exempt
16 monthsRemaining work authorisation the principal worker generally needs for a spousal permit
NCLC 5French speaking and listening for Francophone Mobility, outside Quebec
01 · Overview

What "LMIA-exempt" does and does not mean

The term is widely misunderstood, and the misunderstanding is expensive.

Read this first

LMIA-exempt is not work-permit-exempt

An exemption means the employer does not need a Labour Market Impact Assessment. In almost every case you still need a work permit. A separate and much narrower set of business activities can be performed without any permit at all, and those are a different question entirely — do not assume that finding an exemption code means you can simply fly to Canada and start.

Shape one

Employer-specific exemptions

You need a qualifying job and a qualifying exemption category. The permit names the employer and sets conditions on occupation and location, exactly like an LMIA-supported permit — the difference is only that no LMIA was required.

The employer normally submits the offer of employment through the Employer Portal and pays the $230 compliance fee, unless a listed exemption applies.

Shape two

Open work permits

You must qualify for a specific open permit category — there is no general one. A job offer is not required, no employer files a portal offer, and no compliance fee is paid for that employment.

Applicants generally pay the $100 open work permit holder fee alongside the processing fee, unless exempt. An open permit can still carry medical, occupational or provincial restrictions.

02 · Employer-specific routes

Common LMIA-exempt pathways with an employer

Eligibility rests on an international agreement, a Canadian interest, or a specific policy or situation.

PathwayWho it may suitWhat is actually assessed
Francophone Mobility French-speaking workers with a job offer anywhere outside Quebec. French speaking and listening at NCLC 5 or higher. Any TEER category qualifies, except primary agriculture occupations at TEER 4 and 5.
Intra-company transfers Executives, senior or functional managers and specialised knowledge workers moving within an international corporate group; also those opening a Canadian branch or affiliate. The corporate relationship, qualifying employment abroad with the related entity, and the proposed role against the specific category. Three separate categories with different tests.
Free trade agreements Professionals, transferees, investors and traders under agreements such as CUSMA, CETA and CPTPP. Nationality, the precise occupation and the exact agreement category. These routes are nationality-restricted — most are unavailable to citizens of countries outside the agreement.
Provincial or territorial support Workers supported under a federal–provincial or territorial agreement, including some provincial nominees. The qualifying provincial support letter, the employer and the applicable instructions. A nomination by itself does not authorise work.
Atlantic Immigration Program Applicants with a job offer from a designated employer in one of the four Atlantic provinces. A designated-employer job offer and a provincial endorsement or referral letter. The permit is employer-specific, not open, and is issued for up to two years.
Significant benefit Cases where the work will bring important social, cultural or economic benefit to Canada. Detailed, specific evidence of the benefit. This is a discretionary category, assessed on its own facts, and it is not a fallback for a weak file.
Entrepreneurs and self-employed Owners coming temporarily to operate their own Canadian business; separately, provincial business candidates and Quebec self-employed certificate holders. Control of the business, the benefit it will bring and the temporary nature of the stay. Registering or buying a company does not by itself establish eligibility.
Reciprocal, academic, charitable and religious work Exchange workers, researchers and academics, and people performing genuine charitable or religious work. The actual duties and the organisation against the specific criteria. Some of this work falls under a work-permit exemption rather than an LMIA exemption — a different and better outcome where it applies.
On exemption codes

The codes change, and out-of-date ones are everywhere

Exemption categories carry codes, and those codes are revised. The code long used for intra-company transferees, for instance, was retired in December 2022 and replaced by three separate codes — yet it still appears on consultant websites and in template letters today. Citing the wrong code on a submission is an avoidable own goal. IRCC publishes the current list, and it is the only list worth relying on.

IRCC: current LMIA exemption codes →

03 · Open permits

Open work permit categories

There is no general open work permit. You qualify under one of these defined categories or you do not qualify at all.

Graduates

Post-graduation work permit

For graduates of eligible Canadian programs. Two current requirements catch people out: a language requirement — CLB or NCLC 7 in all four abilities for bachelor's-level and above, CLB or NCLC 5 for college and other non-university programs — and a field-of-study requirement.

The field-of-study rule does not apply to bachelor's, master's or doctoral graduates. It applies to all other programs where the study permit application was submitted on or after November 1, 2024.

PR applicants

Bridging open work permit

Lets eligible permanent residence applicants keep working while their PR application is processed. Qualifying programs include Express Entry, both Express Entry and base provincial nominee streams, the Quebec skilled worker class, the Agri-Food Pilot and several caregiver classes.

You need a PR application that has passed the completeness check, plus valid status, maintained status, or eligibility to restore. An Express Entry profile or an invitation is not a PR application. Applicants under the 2025 Home Care Worker pilots are not eligible.

Family

Spouse or partner of a worker

Available where the principal worker holds a qualifying occupation and enough remaining validity — see the detailed rules in the next section. Separate and more generous measures apply to workers on certain permanent residence pathways and under some free trade agreements.

Family

Spouse or partner of a student

Available only where the student holds a valid study permit and is enrolled in a master's program of 16 months or longer, a doctoral program, or an eligible professional degree program from IRCC's published list. Attending a designated learning institution is not enough on its own.

Sponsorship

Sponsored spouses and partners in Canada

A specific open work permit route applies to eligible applicants being sponsored from within Canada. Living arrangements, the stage the sponsorship has reached and the applicant's temporary status all have to be assessed. See our family sponsorship guide.

Youth mobility

International Experience Canada

Only one of the three IEC categories produces an open permit. Working Holiday is open; Young Professionals and International Co-op (Internship) are employer-specific and require a job or internship related to your field of study.

Citizenship, age, category and the number of places available in the season all matter — Bangladesh is not among the countries with a youth mobility agreement with Canada.

Also worth knowing

Other defined situations

Further open permit categories and temporary public policies exist for particular circumstances — among them refugee claimants who need to work, protected persons, holders of a temporary resident permit for victims of family violence, and vulnerable workers. Several of these also carry fee exemptions from the processing fee, the open work permit holder fee, or both. Temporary measures open and close, so the question is always whether the measure is currently in force and whether you meet its precise conditions today.

04 · Family in detail

Spousal open work permits, the rules that actually apply

This is the single most common source of wrong advice we see, so it is worth setting out properly.

Spouse of a worker

Two tests under the general measure

Both must be satisfied
  • The principal worker is employed in a TEER 0 or TEER 1 occupation, or in a selected TEER 2 or 3 occupation — the shortage-sector list covering natural and applied sciences, construction, health care, natural resources, education, sports and the military
  • Their work authorisation remains valid for at least 16 months after IRCC receives the spouse's application

Neither test existed before January 21, 2025, which is why so much online guidance is wrong.

Exceptions

Where those two tests do not apply

Separate measures cover
  • Workers on an eligible permanent residence pathway — these sit under their own measures with a 6-month remaining-validity requirement rather than 16 months, and reach TEER 4 and 5 workers on a qualifying pathway
  • Holders of work permits under certain free trade agreements
  • Workers on British Columbia Significant Investment Projects, from March 23, 2026 — any TEER, no minimum remaining validity
  • Certain foreign-trained health professionals recruited by Quebec, from May 25, 2026
  • Quebec's Programme de sélection des travailleurs qualifiés, from June 5, 2026
The change people find out about too late

Dependent children no longer qualify

Under the family open work permit measure for family members of workers, dependent children are no longer eligible. Families who moved to Canada expecting a working-age child to be able to work on a family open permit need to plan differently — that child needs their own basis for a permit, whether a study permit with work rights, a post-graduation work permit, or a permit in their own right.

Assess every family member individually. Relationship evidence is necessary but it never substitutes for the principal applicant's occupation, program or status meeting the test.

05 · Process

How an LMIA-exempt application works

Identify the exemption before anything else

Match your work, qualifications, family circumstances or immigration history to a category that is currently in force, and establish whether the resulting permit is employer-specific or open. This determines everything downstream, including who pays what.

Complete the employer steps, where required

For most employer-specific IMP permits the employer submits the offer through the Employer Portal and pays the $230 compliance fee, then gives you the offer of employment number. No portal offer or compliance fee is needed to employ someone who already holds an open work permit.

Build the evidence for the specific category

Document every element the exemption requires, and satisfy the general work permit requirements as well. Naming a category or a code without evidence behind it is the most common reason an exemption application fails.

Apply through the correct route

Outside Canada, inside Canada, or at a port of entry where eligible — these are not interchangeable. A visitor in Canada cannot assume they may apply from inside, and arriving at a port of entry to request a permit you are not eligible to request there rarely ends well.

Complete biometrics, medicals and any requests

Then confirm when you may lawfully begin working, and read the conditions printed on the permit that is issued. If you applied from abroad, the letter of introduction is not the permit — an officer issues that on arrival.

Extensions

Apply before your status expires

A qualifying extension filed before expiry may let you keep working under your existing conditions while you remain in Canada and IRCC processes it. An exemption assessment, an employer's offer or a pending permanent residence file does not by itself extend your authorisation to work.

IRCC: extensions and continued work →

06 · Documents

What the file is built from

The final checklist depends on the category and on where you apply.

Application basisTypical evidence
Employer-specific exemptionEmployment offer and contract, the portal offer of employment number where required, employer evidence, and the documents establishing the specific exemption.
Corporate transfer or business caseCorporate ownership and structure, evidence the entities are genuinely related and operating, qualifying employment history with the foreign entity, and detailed role descriptions.
Spouse or partnerMarriage or common-law evidence, plus the principal applicant's status, occupation and permit validity — including evidence the occupation meets the TEER test where it applies.
Post-graduation work permitCompletion letter and transcripts, plus language test results and field-of-study evidence where the current rules require them.
Bridging open work permitAcknowledgement of receipt for the permanent residence application, approval in principle where the stream requires it, and current status evidence.
Provincial supportThe nomination or support letter, the employer documents, and evidence meeting the applicable work permit instructions.

Identity and immigration history

Passport, current permits or status documents, travel history, and full details of any previous refusal — from any country. Undisclosed refusals are found, and they damage credibility far more than the original refusal ever did.

Qualifications

Employment reference letters setting out actual duties and dates, education and training documents, and any licence or certification the offered job requires. Documents not in English or French need translations meeting IRCC's requirements.

07 · Fees and conditions

Costs, and the limits that still apply

CostPaid byAmount and notes
Employer compliance feeEmployer$230 for most employer-specific IMP permits. Not payable when employing an existing open work permit holder, and exempt for foreign governments, international organisations and several specific categories.
Open work permit holder feeWorker$100, in addition to the processing fee, for most open permit applicants. A number of categories are exempt, including refugee claimants who need to work, protected persons and their family members, and holders of a temporary resident permit for victims of family violence.
Work permit processing feeWorkerPayable to IRCC. Check the current fee list on the day you apply.
Biometrics and medicalsWorkerWhere required, depending on the category, the length of stay and your country of residence.
LMIA processing fee—Not applicable. This is the entire point of the exemption — the employer's $1,000 LMIA fee and the recruitment obligations behind it do not arise.
A common misreading

LMIA-exempt does not mean unrestricted

An employer-specific exemption still produces a permit tied to that employer, that occupation and that location, and working outside those conditions breaches your status just as it would on an LMIA-supported permit. Open permits are broader, but they can still carry medical restrictions — barring work in child care, health services or agriculture where a medical examination has not been done — and occupational or provincial limits.

Read the conditions printed on the permit itself. They govern, not what anyone told you the category allows.

FAQ

Common Questions

No, and this is the most frequent confusion of the two. Intra-company transfers, trade agreement permits, Francophone Mobility, Atlantic Immigration Program permits and most other exemptions are employer-specific. They skip the LMIA, not the employer. To get an open permit you have to qualify separately for one of the defined open permit categories.
Yes, through the categories that are not nationality-based — a spousal open work permit, a post-graduation work permit, a bridging open work permit, an intra-company transfer, Francophone Mobility or provincial support. What is generally not available is the free trade agreement route, since CUSMA, CETA and CPTPP categories are restricted to citizens of member countries. International Experience Canada is also unavailable, as Canada has no youth mobility agreement with Bangladesh.
Only if their occupation and permit meet the current test. Under the general measure they must work in a TEER 0 or 1 occupation, or a selected TEER 2 or 3 occupation, and their authorisation must have at least 16 months left when IRCC receives your application. Separate and easier measures apply where they are on an eligible permanent residence pathway — there the requirement is 6 months, and TEER 4 and 5 workers can qualify. This is worth checking properly, because the difference between the two sets of rules decides most of these cases.
No. A profile is not an application, and neither is an invitation to apply. A bridging permit needs a permanent residence application under a qualifying program that has passed the completeness check, together with valid status, maintained status, or eligibility to restore status. Some streams also require approval in principle first.
For most employer-specific IMP permits, yes — the offer goes through the portal and the $230 compliance fee is paid before you apply. Exceptions exist, and an employer hiring someone who already holds an open work permit does not use those steps at all for that employment.
Possibly, but the field-of-study requirement will apply if you submitted your study permit application on or after November 1, 2024 — your program has to map to an eligible field. Bachelor's, master's and doctoral graduates are exempt from that requirement regardless of institution. Separately, the language requirement applies either way: CLB or NCLC 5 in all four abilities for college and other non-university programs, and 7 for university degrees. The eligible field list is updated periodically, so check it against your own program code rather than relying on a summary.
It removes the LMIA stage, which is often the longest part of the LMIA-supported route — recruitment, advertising and a Service Canada assessment. But the work permit itself is processed on its own timeline, which depends on the category and where you apply. Any expedited processing has its own requirements and is never guaranteed.
Not without a work permit, other than the narrow set of activities that can be performed without one at all. And a visitor cannot assume they are eligible to apply for a work permit from inside Canada — that depends on your status and the category. Starting work first and sorting out the permit afterwards is the fastest way to lose your status and damage future applications.
We identify which exemption you actually fall under — which is the whole difficulty — confirm the employer's obligations, assemble the evidence the category specifically requires, prepare the work permit application, and respond to government requests within the agreed scope of services.
Working with us

What we do on an LMIA-exempt file

Finding the exemption

Most of the value is here. We work through your work history, family situation, studies, nationality and immigration history against the categories currently in force, and tell you which are realistic — including when the honest answer is that an LMIA is the only route.

Employer obligations

Whether a portal offer and compliance fee are required, what the employer must retain, and what the offer of employment has to say for the category relied on.

Family and graduate files

Spousal open work permits under the current rules, post-graduation work permits with the field-of-study and language requirements, and bridging permits timed against a permanent residence application.

Regulated representation

Your file is handled by Mehrul Rajib, RCIC, licence R708721, regulated by the College of Immigration and Citizenship Consultants, with service in English, Bangla, Hindi or Urdu from our Edmonton and Dhaka offices.

No exemption fits?

Then the route is an employer-supported application: a Labour Market Impact Assessment from Service Canada, followed by a work permit from IRCC. It is slower and it costs the employer more, but for many workers with a genuine Canadian job offer it is the right answer.

LMIA-supported work permits →

Find out which exemption you actually qualify for

Mehrul Rajib, RCIC, reviews your work history, family situation, studies and immigration status against the exemption categories in force today — before an employer spends money on an LMIA that may not have been necessary.

This page is general information, not legal advice. LMIA exemption categories, codes, open work permit rules, fees and eligibility criteria change without notice, and no approval is guaranteed. Every figure and rule here was checked against the relevant IRCC source in September 2026 and each links to that source; confirm the current position there, and take advice on your own circumstances, before applying.