
2024 Review: Key Changes to LMIA-Exempt Work Permits in Canada
In 2024, Canada’s immigration policies underwent significant adjustments, impacting the eligibility and processes related to LMIA-exempt work permits. These modifications primarily affected foreign nationals who sought to work in Canada without needing a Labour Market Impact Assessment (LMIA), with certain notable exceptions like the Temporary Foreign Worker Program (TFWP) and the Post-Graduation Work Permit (PGWP) scheme. This article provides an in-depth look at these changes, their implications, and the timeline of their implementation.
Table of Contents
- Introduction
- New Visa Requirements for Mexican Nationals
- Changes to Spousal Open Work Permits (SOWPs)
- Launch of Global Hypergrowth Project Work Permit
- New Work Permit for Provincial Nominee Program (PNP) Nominees
- End of COVID-19 Public Policy Exemptions
- Revised Guidelines for Intra-Company Transfers (ICT)
- Extension of the Temporary Resident to Permanent Resident (TR to PR) Policy
- Flagpoling Ban Introduced
- New Targets for Issuing IMP Work Permits
- Future Restrictions on SOWP Eligibility
- Conclusion
1. Introduction
In 2024, Canada’s immigration landscape saw several pivotal shifts, particularly affecting LMIA-exempt work permits. These changes reflect the government’s continued emphasis on streamlining immigration processes and ensuring that foreign workers contribute to Canada’s economic needs. This article explores the major updates to work permit policies, their effective dates, and the changes foreign nationals must be aware of.
2. New Visa Requirements for Mexican Nationals (Effective Feb 29, 2024)
One of the most significant shifts came for Mexican nationals. Prior to February 29, 2024, Mexicans were exempt from the Temporary Resident Visa (TRV) requirement, which made it easier for them to apply for work permits directly at Canadian ports of entry. However, with the new regulations in place, Mexican nationals must now apply for a TRV to enter Canada. Additionally, tighter conditions for obtaining an Electronic Travel Authorization (eTA) were introduced.
To qualify for an eTA, Mexican nationals must meet the following conditions:
- Be traveling to Canada by air for a temporary stay (under 6 months).
- Have either a valid U.S. nonimmigrant visa or have held a Canadian visitor visa within the last 10 years.
This change is part of Canada’s broader strategy to address an increase in asylum claims from Mexican nationals in 2023.
3. Changes to Spousal Open Work Permits (SOWPs)
Starting March 19, 2024, spouses of students in undergraduate and college programs became ineligible for Spousal Open Work Permits (SOWPs). However, there are exceptions for certain programs, such as Medicine, Engineering, and Law. Spouses of master’s or doctoral students remain eligible for SOWPs, though restrictions will apply to those in shorter programs.
Additionally, in September 2024, the Canadian government announced its intention to implement further restrictions. Future changes may limit SOWP eligibility for spouses of students in master’s programs shorter than 16 months and those of temporary workers in non-specialized occupations.
4. Launch of Global Hypergrowth Project Work Permit (Effective April 15, 2024)
A new LMIA-exempt work permit under the Innovation Stream was introduced in April 2024. This work permit is designed for employees of certain companies that are part of the Global Hypergrowth Project. Eligible foreign nationals can secure a work permit for up to five years.
The companies involved include well-known tech and healthcare organizations such as:
- Ada Support Inc.
- Clio
- CellCarta
- AlayaCare
- Lightspeed Commerce
This new work permit applies to high-skilled occupations in National Occupational Classification (NOC) TEER 0 and 1 categories, with the aim to facilitate faster processing for those eligible under this stream.
5. New Work Permit for Provincial Nominee Program (PNP) Nominees (Effective August 11, 2024)
In August 2024, a new policy was introduced that allows foreign nationals who are nominated under the Provincial Nominee Program (PNP) to apply for an open work permit. This measure helps applicants continue working in Canada while they await the processing of their permanent residency applications. To qualify, applicants must:
- Have a valid support letter from a province or territory.
- Be employed and have a letter of employment.
- Fall under specific conditions, such as having an expiring work permit or awaiting a work permit extension.
This policy aimed to ensure that PNP candidates could legally stay and work in Canada as they transition to permanent residency status.
6. End of COVID-19 Public Policy Exemptions (Effective Aug 28, 2024)
The temporary public policy introduced during the COVID-19 pandemic, which allowed visitors in Canada to apply for job-offer supported work permits without meeting all the usual requirements, was officially revoked on August 28, 2024. This measure, initially introduced to help foreign nationals stranded due to the pandemic and to address labor shortages, had allowed certain visitors to apply for work permits and work while their applications were pending. With the end of this policy, visitors are now required to follow the standard application procedures.
7. Revised Guidelines for Intra-Company Transfers (ICTs) (Effective Oct 3, 2024)
The Canadian government updated its guidelines for issuing work permits under the Intra-Company Transfer (ICT) program in October 2024. Foreign nationals applying for ICT work permits must now demonstrate that the employer is a multinational corporation and that the position requires specialized knowledge.
Additionally, ICTs are no longer meant for transferring an enterprise’s general workforce to Canadian branches. This stricter interpretation aims to ensure that ICT work permits are reserved for employees with specialized skills that are vital for the Canadian business operations.
8. Extension of the Temporary Resident to Permanent Resident (TR to PR) Policy (Dec 17, 2024)
The Temporary Resident to Permanent Resident (TR to PR) pathway, which had previously closed in November 2021, saw its public policy extended until December 31, 2026. This extension permits foreign nationals who applied for permanent residence through the TR to PR pathway to apply for open work permits while awaiting their PR status. Family members of applicants may also be eligible for work permits.
9. Flagpoling Ban (Effective Dec 23, 2024)
A notable change in December 2024 was the introduction of a ban on flagpoling. Flagpoling, where temporary residents leave and immediately re-enter Canada to get same-day processing of immigration applications, is now prohibited. Exceptions to this ban apply to U.S. citizens, certain international professionals, and individuals with specific appointments with Canada Border Services Agency (CBSA).
10. New Targets for Issuing IMP Work Permits (2025-2027)
In October 2024, Canada’s Immigration Levels Plan included targets for the number of new International Mobility Program (IMP) work permits to be issued between 2025 and 2027. The target numbers are as follows:
- 2025: 285,750
- 2026: 128,700
- 2027: 155,700
This move is in line with the government’s goal to reduce the percentage of temporary residents in Canada, aiming for a decrease from 7% in 2024 to 5% by 2026.
11. Future Restrictions on SOWP Eligibility
In September 2024, the Canadian government announced that further restrictions would be introduced for SOWP eligibility. Spouses of master’s students will only qualify for a work permit if the program duration is at least 16 months. Additionally, spouses of work permit holders will only be eligible if the occupation is in high-demand fields such as healthcare, engineering, and science.
12. Conclusion
2024 marked a year of significant change for Canada’s immigration policies, particularly concerning LMIA-exempt work permits. From tightening eligibility for Spousal Open Work Permits to introducing new pathways for PNP nominees, these updates demonstrate Canada’s continued efforts to refine its immigration system. Foreign nationals intending to work in Canada should stay informed about these changes to ensure compliance and make the most of new opportunities.
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