Major Changes to LMIA-exempt work permit in 2024 which needs ot be taken care off

Jan 13, 2025 / 4 min readspscanadaahd

In 2024, the Canadian federal government introduced significant updates to LMIA-exempt work permits.

This article will highlight the most impactful changes affecting foreign nationals aiming to work in Canada, excluding those under the Labour Market Impact Assessment-based Temporary Foreign Worker Program (TFWP) and the Post-Graduation Work Permit (PGWP)

 

Change Summary of Change(s) Effective Date for the Change(s)
Mexicans no longer TRV exempt Mexicans require visas in order to enter Canada and must meet tightened requirements for eTAs. February 29, 2024
Removal of eligibility for SOWPs for spouses of some students Spouses of students in college programs and university bachelor’s programs no longer eligible for SOWPs. March 19, 2024
New IMP work permit for Global Hypergrowth Project Creation of a new closed, LMIA-exempt work permit for employees of certain companies. April 15, 2024
New work permit for PNP nominee candidates Some PNP candidates can receive open work permits. August 11, 2024
End of temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic Revocation of measures that allowed eligible foreign nationals with valid expired visitor status to apply for job-offer supported work permits and to work while their application is pending. August 28, 2024
Updated instructions regarding ICTs under the IMP To qualify for a work permit as an ICT, the foreign national must be an employee of a multinational corporation, and must have specialized knowledge. October 3, 2024
Extension of TR to PR temporary public policy Policy has been extended allowing applicants to receive open work permits. December 17, 2024
Ban on flagpoling Temporary residents within Canada can no longer obtain same-day service for immigration applications at ports of entry. December 23, 2024
Targets for net new IMP work permits For the years 2025 through to 2027, there have been established target numbers for the issuance of net new work permits under the IMP. 2025
Restricting eligibility for SOWPs—spouses of some students, temporary workers Spouses of students in master’s programs less than 16 months in duration will no longer be eligible. Spouses of temporary workers only to be eligible for workers in certain occupations and sectors. Unknown

Eligibility for SOWPs Removed for Spouses of Undergraduate and College Students

On January 22, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) announced that spouses of students in most university bachelor’s programs and college programs would no longer qualify for Spousal Open Work Permits (SOWPs). This policy came into effect on March 19, 2024.

Despite this change, spouses of students enrolled in master’s and doctoral programs remained eligible for SOWPs. IRCC also made exceptions for spouses of students in specific university vocational programs, maintaining their eligibility for SOWPs. These programs include:

  • Doctor of Dental Surgery (DDS, DMD)
  • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
  • Doctor of Medicine (MD)
  • Doctor of Optometry (OD)
  • Pharmacy (PharmD, BS, BSc, BPharm)
  • Doctor of Veterinary Medicine (DVM)
  • Bachelor of Science in Nursing (BScN, BSN, BNSc)
  • Bachelor of Education (B. Ed.)
  • Bachelor of Engineering (B. Eng., BE, BASc)

On September 18, 2024, IRCC announced additional pending restrictions on SOWP eligibility. However, these further changes had not been implemented as of January 10, 2025.

New IMP Work Permit for Global Hypergrowth Project

On April 15, 2024, IRCC launched a new employer-specific LMIA-exempt work permit under the Innovation Stream pilot program. This work permit allows foreign nationals to work in Canada for up to five years.

To be eligible, applicants must have a job offer in a high-skilled occupation from one of the companies participating in the Global Hypergrowth Project, including:

  • Ada Support Inc.
  • AlayaCare
  • CellCarta
  • Clarius Mobile Health
  • Clio
  • Duchesnay Pharmaceutical Group (DPG)
  • Lightspeed Commerce
  • Vive Crop Protection

Applicants with jobs classified under NOC TEER 0 or 1 may also benefit from expedited processing of their applications under this program. The Innovation Stream is expected to run until March 22, 2026.


New Open Work Permit for PNP Nominee Candidates

Starting August 11, 2024, IRCC introduced a temporary public policy allowing certain Provincial Nominee Program (PNP) candidates to apply for open work permits. To qualify, applicants must meet the following criteria:

  1. Provide a support letter from the nominating province or territory.
  2. Submit a letter of employment from their current employer.
  3. Fulfill one of these three conditions:
  • Condition 1: Hold a valid work permit and have applied for a new work permit.
  • Condition 2: Previously held a valid work permit as of May 7, 2024, but it has since expired. They must have applied for both a new work permit and an extension or restoration of their temporary resident status.
  • Condition 3: Were authorized to work on May 7, 2024, with a pending or approved work permit extension application. They must have applied for a new work permit and for an extension of their temporary resident status.

This policy ensures that PNP candidates maintain legal authorization to work in Canada while their nomination is processed. Alberta, Manitoba, and Yukon have implemented this policy to support eligible candidates.

Updated Instructions for ICTs under the IMP

On October 3, IRCC revised its guidelines for officers handling work permits for intra-company transferees (ICTs) under the International Mobility Program (IMP).

These updates introduced stricter criteria for ICT work permit eligibility, including:

  • Ensuring the foreign company qualifies as a legitimate multinational corporation (MNC).
  • Clarifying the definition of “specialized knowledge,” including how to evaluate an applicant’s qualifications and the job’s requirements for such expertise.

Officers were also reminded that ICT permits are not intended to facilitate the general transfer of a company’s workforce to affiliated Canadian entities.

Extention from TR to PR  temporary public policy

On December 17, 2024, IRCC extended the temporary public policy that allows applicants under the Temporary Resident to Permanent Resident (TR to PR) pathway to apply for open work permits. This pathway, which was available for a limited time, closed on November 5, 2021.

The extension applies to foreign nationals whose applications are still being processed under the TR to PR pathway. To be eligible, applicants must have a valid work permit expiring in four months or less and meet other criteria. Their family members may also be eligible for open work permits.

This policy has been extended until December 31, 2026, but IRCC may revoke it at any time without notice.

Read More: TR to PR Pathway Now Offers Extended Work Permits

 

 

 

 

 

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