Canadian interests (LMIA-exempt work permit)
Canadian interests is the heading of section 205 of the Immigration and Refugee Protection Regulations. It lists kinds of work, such as work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, for which a work permit may be issued without an LMIA.
A foreign buyer, or a key hire arriving after a deal, meets the term when the work permit route is discussed. Section 205 says a work permit may be issued under section 200 to a foreign national who intends to perform work of the kinds it lists, and paragraph (b) includes work that would create or maintain reciprocal employment of Canadian citizens or permanent residents in other countries.
How it connects to LMIA exemption
IRCC says that under the International Mobility Program an employer can hire a temporary foreign worker without a labour market impact assessment. IRCC’s administrative code C11 describes the work of certain foreign nationals seeking only temporary resident status to run, including establish, their own business, which may create significant benefits as stated in R205(a). IRCC treats the significant-benefit assessment as one an officer makes on the application. Whether the route fits a given buyer is an immigration question. See can buying a business support a work permit or an LMIA for the owner and temporary foreign worker.
What to ask
- Which paragraph of section 205 and which IRCC code the person relies on
- What evidence of the benefit the application must include
- Whether a genuine offer of employment is also required for that route
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of Canada (Department of Justice)GovernmentImmigration and Refugee Protection Regulations, s. 205 (Canadian interests)
- 02Immigration, Refugees and Citizenship CanadaGovernmentWho you can hire under the International Mobility Program
- 03Immigration, Refugees and Citizenship CanadaGovernmentBusiness owners seeking only temporary residence – [R205(a) – C11] – International Mobility Program
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