In Canada, before foreign workers can be granted a work permit, Immigration, Refugees and Citizenship Canada (IRCC) officials typically require a Labor Market Impact Assessment (LMIA) to assess its potential impact on Canadian workers. However, in cases where a “significant benefit” exemption applies, the need for an LMIA can be waived. This exemption is granted when the benefits of granting a work permit far outweigh any potential negative effects of not admitting the foreign worker or delaying their entry into Canada. In such situations, a foreign worker may be eligible to obtain a Significant Benefit Work Permit (SBWP), which is exempt from the LMIA requirement and offers a faster processing time.
It’s important to note that SBWPs must be applied for by the employer rather than the individual foreign worker.
What Qualifies as a Significant Benefit?
To secure a SBWP in Canada, an applicant must demonstrate that their employment will significantly benefit Canada economically, socially, or culturally. This definition of “significant benefit” is broad and encompasses an evaluation of how the foreign worker’s engagement will contribute to Canada’s economic stability.
These contributions may include creating jobs, fostering growth in a particular industry or region, expanding export markets for Canadian goods and services, advancing Canadian industries through technological innovations, product or service enhancements, and improving Canadian skillsets. Additionally, the foreign worker’s work may lead to better physical and mental health outcomes for Canadians or specific regions. Furthermore, their presence may promote tolerance, knowledge exchange, and interactions among individuals from diverse cultural backgrounds.
Specific criteria exist for each type of significant benefit that foreign workers may provide.
Applicants must also demonstrate their distinguished record in their respective field. This entails showcasing:
Relevant academic credentials in their field of expertise.
Documentation of at least ten years of full-time work experience in their field with previous or current employers.
Recognition through international or national awards or patents.
Membership in organizations that require outstanding performance.
Positions held that involve evaluating others’ work.
Evidence of acknowledgment and contributions in their field by peers, government, or professional bodies.
Documentation of scientific or scholarly contributions.
Publication in academic or industry-specific platforms.
Leadership roles in reputable organizations.
Recruitment of foreign workers through programs like Destination Canada or job fairs organized in collaboration with the federal government and francophone minority communities.
Working in occupations classified under National Occupation Classification 0, A, and B outside the province of Quebec.
Canadian authorities consider a comprehensive set of criteria when issuing work permits, encompassing the foreign worker’s educational qualifications, work experience, awards or patents received, memberships in organizations emphasizing excellence, and other accomplishments and contributions within their field.
Who Is Eligible for a Significant Benefit Work Permit?
When evaluating SBWP applications, immigration officers consider various factors, including:
Whether the application meets requirements and includes exemptions, particularly how it aligns with LMIA requirements.
The duties associated with the foreign worker’s position and how they align with significant benefit criteria.
Job requirements that are consistent with the significant benefit.
Whether minimum education requirements for the position are met.
Any additional training required for the role.
Provincial or federal certification, licensing, or registration required to work in the occupation in Canada.
Individuals eligible for a significant benefit work permit include:
Intra-Company Transferees: Foreign nationals employed by multinational companies intending to join their Canadian parent, subsidiary, or branch in executive, senior managerial, or specialized knowledge roles.
Television and Film Production Workers: Essential personnel in the TV and film industry whose role is crucial to a production.
Entrepreneurs and Self-Employed Workers: Individuals initiating businesses or pursuing self-employment in Canada, demonstrating that their activities would yield significant economic, social, or cultural benefits for the country.
Emergency Repair Personnel: Workers required for urgent repairs to industrial or commercial equipment to prevent employment disruptions in Canada.
Moreover, certain professionals may be exempt from the LMIA requirement under specific circumstances and may also be eligible for a SBWP.