International Students: Lmia Requirement And Exemption

International students in Canada often seek part-time employment during their studies and full-time work during scheduled breaks. To obtain a work permit, international students must meet eligibility criteria, which may include demonstrating that no Canadians or permanent residents are available to fill the position. This process, known as the Labour Market Impact Assessment (LMIA), is typically the responsibility of the employer. However, some international students have reported challenges in finding employers willing to undertake the lengthy and costly LMIA process, which can take up to six months. Dropping out of studies can impact an international student's eligibility for a work permit, and consulting with an immigration lawyer is advised to understand the specific requirements and maintain compliance with Canadian immigration laws.

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International students in Canada can work part-time during studies and full-time during breaks

International students in Canada can work part-time during their studies and full-time during breaks. However, they must be enrolled as full-time students both before and after the break to be eligible for full-time work during the break. Students cannot work before their first semester starts.

There are different requirements for working on and off-campus. "On-campus" refers to all the buildings on a university or college campus, and students can find information about working on-campus from Immigration, Refugees and Citizenship Canada (IRCC). "Off-campus" means anywhere outside the campus in the student's town or city. Students can work off-campus without a work permit if they are a full-time student at a designated learning institution (DLI).

Students can work unlimited hours remotely for an employer outside Canada, as long as they comply with the conditions of their study permit. This remote work does not count towards the off-campus work hour limit. Students can also work full-time during scheduled breaks, such as summer or winter holidays, without a limit on the number of hours.

Students who want to work while studying in Canada may need to apply for a work permit. They can do this by applying to change the conditions of their study permit. To do this, students must submit a letter with their application explaining why they need the condition removed from their study permit.

It is worth noting that certain occupations and/or employers may have restrictions for study permit holders, which will be stated on the study permit. International students in Canada traditionally worked up to 20 hours a week during regular school terms or semesters. However, as of November 15, 2024, students can work up to 24 hours per week.

Dropping out of studies can affect your eligibility for a work permit

International students in Canada who wish to work while studying need to apply for a work permit. There are certain conditions that must be met to be eligible for a work permit. Students must be enrolled full-time or part-time during each academic semester, making progress towards completing their program's courses, and not taking authorized leaves longer than 150 days from their study program.

If you're on an authorized leave from your studies, or you're switching schools and not studying, you can't work off-campus. You can only return to work once you're back to studying. To prove that you didn't violate your study permit conditions, you can get a letter from your designated learning institution (DLI) stating that you were on an authorized leave. This is important for maintaining your eligibility for a work permit.

If you're an international student in Canada and you drop out of your studies, it can affect your eligibility for a work permit. This is because maintaining your student status and study permit in Canada is dependent on meeting certain conditions, including being enrolled full-time or part-time and making progress in your program. Dropping out of studies means you are no longer meeting these conditions, which can result in losing your student status and study permit.

Additionally, when applying for a work permit, you must demonstrate that you are eligible without a Positive Notification Program (PNP) nomination first. This means proving that you can switch from a study permit to a closed work permit. Obtaining a valid job offer and an LMIA-exempt document from your employer can help in this process, but it is not always a guarantee.

Therefore, it is important for international students in Canada to carefully consider the impact of dropping out of their studies on their eligibility for a work permit. It is advisable to seek guidance from relevant authorities and carefully review the conditions of their study permit to make informed decisions.

The LMIA process is long and expensive, and there is no guarantee of approval

International students seeking employment in Canada do not need to obtain a Labour Market Impact Assessment (LMIA). It is the responsibility of the employer to obtain an LMIA, if required, before the student can apply for a work permit.

The LMIA process is notoriously long and expensive, and there is no guarantee of approval. The process can take up to six months to complete, and the first step is for the employer to advertise the job for at least a month to prove that no Canadian citizen or permanent resident is available to fill the position.

If an employer is willing to offer a job to an international student and obtain an approved LMIA, the student can then apply for a closed work permit from within Canada. However, it is challenging to find employers willing to go through the LMIA process due to the associated time and costs, as well as the uncertainty of approval.

To expedite the LMIA process, employers can notify Service Canada in writing that they intend to hire a Temporary Foreign Worker (TFW). They can then apply using the LMIA Online portal up to six months before the expected job start date. However, the application process depends on the type of program through which the employer is hiring, and certain provinces have additional requirements, such as an employer registration certificate.

Overall, while international students do not need to obtain an LMIA themselves, the lengthy and costly LMIA process can impact their ability to secure employment in Canada.

International students can apply for a closed work permit

International students in Canada can apply for a closed work permit, which is an employer-specific work permit. This means that the employee can only work in a designated role with a specific Canadian employer. To obtain a closed work permit, the employer must apply to the Employment and Social Development Canada (ESDC) and prove that there is a genuine need to hire a foreign worker, as the required skillset is not available through a Canadian worker or permanent resident via the local labour market. If the employer is successful, they will receive a positive Labour Market Impact Assessment (LMIA) and the applicant can then apply for a closed work permit.

The International Mobility Programs (IMP) include several LMIA-exempt work permit categories. These programs aim to promote Canada's economic, social, and cultural interests by allowing foreign nationals to work in the country without needing an LMIA. Some common LMIA-exempt categories include:

• International Agreements: Foreign nationals entering Canada under specific international agreements, such as the Canada-United States-Mexico Agreement (CUSMA) or the General Agreement on Trade in Services (GATS), can apply for an LMIA-exempt work permit.
• Intra-Company Transfers: This category allows employees of multinational corporations to be transferred to a Canadian branch without an LMIA, as long as they hold managerial or specialized knowledge positions.
• Canadian Interests: Foreign nationals whose work would provide significant social, cultural, or economic benefits to Canada may qualify for an LMIA-exempt work permit.

It is important to note that the LMIA process can be lengthy and expensive, taking around 4-6 months to complete. Additionally, international students in Canada may be eligible for a Post-Graduation Work Permit (PGWP), which allows them to work in Canada without an LMIA. To be eligible, students must have completed their studies at a designated learning institution (DLI) in Canada.

Furthermore, international students in Canada on a study permit may be able to work on or off-campus during their studies, depending on the conditions listed on their permit.

Employers must notify Service Canada in writing for priority LMIA application processing

International students in Canada who wish to work in the country may need to obtain a Labour Market Impact Assessment (LMIA). The LMIA process can be lengthy and expensive, and there is no guarantee of approval. The first step in the LMIA process is for the employer to advertise the job for at least a month to prove that no Canadian citizen is available for the role. If an employer is willing to hire an international student and can obtain an approved LMIA, the student can apply for a work permit from within Canada.

The LMIA application process depends on the type of program the employer is hiring through. The Temporary Foreign Worker Program (TFWP) allows employers to hire temporary foreign workers to fill labour and skill shortages. Once an LMIA is issued, the employer should provide a copy of the confirmation letter to the employee, who can then apply for a work permit. Employers hiring through the TFWP may receive priority processing of LMIA applications if they notify Service Canada in writing. This can be done through LMIA Online, a secure portal for submitting LMIA applications. The application can be submitted up to six months before the expected job start date, and a Job Bank for employers account is required.

If an employer no longer requires the services of a temporary foreign worker or cancels the job offer, they must notify the Employer Contact Centre and the worker. In this case, the LMIA processing fee will not be reimbursed. It is also important to notify the local ESDC office and IRCC in writing if a foreign worker quits or is terminated, including the employee's LMIA number.

Frequently asked questions