Immigration, Refugees, and Citizenship Canada (IRCC) officials should consider the possible effects on Canadian workers before granting foreign workers a work permit. Thus, an LMIA (Labour Market Impact Assessment) is usually compulsory.
However, if there is an exemption of ‘significant benefit’ the employer can avoid the need for an LMIA —Specifically, if the benefits of granting a work permit outweigh the possible disadvantages of delaying their entry or not admitting the foreign worker. In such cases, even with the absence of an LMIA, other factors can allow a foreign worker to receive a Significant Benefit Work Permit (SBWP) —Work permits that are exempt from the LMIA and will be processed more quickly.
Note that employers need to apply for SBWPs and not individual foreign workers.
What counts as a significant benefit?
An applicant who wants to secure an SBWP in Canada must demonstrate that their employment will significantly benefit Canada socially, culturally, or economically.
An evaluation of how an international worker will contribute to the stability of Canada’s economy can be a significant benefit in this sense.
Contributions like this to the economy might involve developing a sector or industry in a remote area or specific region, promoting export markets for Canadian goods and services, and generating employment.
Furthermore, if the employee’s work could help in the progress of a Canadian industry (such as through product, service innovation, or technological advancements) or aid in enhancing Canadian skill sets, they may have better success applying for these work permits.
The work of the foreign national could also lead to a betterment in the overall health and well-being, both mental and physical, of people across Canada or within specific regions. Moreover, foreign workers could promote tolerance, increase knowledge, or provide opportunities for interaction among individuals of similar or different cultural backgrounds.
There are also more specific criteria for every significant benefit that foreign workers can provide.
Candidates must demonstrate their history in their specialized sector. Specifically, they need to show a distinguished track record through:
- Relevant academic documents verifying that the worker has educational credentials in their field of expertise
- Documentation from previous or current employers exhibiting significant (ten or more years) full-time work experience in their field
- Recognition via national or international awards or patents
- Membership in organizations that need members to excel
- Positions held where they had to evaluate others’ work
- Evidence of acknowledged work, accomplishments, and contributions in their field by peers, professional bodies, or government
- Testimony of scholarly or scientific contributions to their sector
- Publications in academic or industry-specific platforms
- Leadership roles in reputable organizations
- Recruited through job fairs coordinated with the federal government and francophone minority communities and/or working in NOC 0, A, and B jobs outside Quebec.
Canadian authorities consider a set of criteria before issuing work permits, which contain the foreign worker’s work experience, educational qualifications, awards or patents received, membership in organizations needing exemplary performance, and other achievements and contributions in their field of work.
Eligibility for Significant Benefit Work Permit?
In assessing an SBWP application, immigration officers need to consider:
- Requirements satisfied and exemptions included in the application (specifically how the application would satisfy requirements for an LMIA)
- Duties of the position that the foreign worker will deal with, and how they align with significant benefit criteria
- Job Requirements that aligns with this significant benefit
- Need to meet minimum education conditions for the position
- Need to have any additional training required for the role
- Provincial/Federal certification, licensing, or registration is needed to work in the occupation in Canada.
Those who are eligible for a work visa with considerable benefits include:
- Intra-Company Transferees: Foreign nationals employed by a multinational organization who intend to work in executive, senior managerial, or specialized knowledge positions at its Canadian parent, subsidiary, or branch
- Television and Film Production Workers: Television and film industry workers whose role is essential to a production
- Entrepreneurs and Self-Employed Workers: Those starting a business in Canada or opting for self-employment, capable of demonstrating their activities would result in significant social, economic, or cultural benefits for Canada
- Emergency Repair Personnel: Workers required for urgent repairs to industrial or commercial equipment to avoid employment disruption in Canada.
In addition, there are unique circumstances under which certain professionals may be exempt from needing an LMIA and may further be eligible for an SBWP.
Also read: Canada
