What is the International Mobility Program?
The International Mobility Program (“IMP”) is a pathway to obtaining a work permit to work in Canada without a Labour Market Impact Assessment (“LMIA”). IMP work permits may be issued on the basis that the work performed would create significant social, cultural or economic benefits or opportunities for Canadians or would create or maintain reciprocal employment for Canadians in other countries. Consistent with the foregoing, specific defined categories of LMIA exemption under IMP include work under international free trade agreements and intra-company transfers.
These specific categories aside, a Hong Kong resident may be eligible under IMP for a work permit without an LMIA on a more general but discretionary basis of providing significant social, cultural or economic benefits to Canadians. As the normal approach is to protect Canadian jobs through a positive or neutral LMIA, an application on the basis of such benefits outside a specific recognized category of benefit must be so clear and compelling that the importance of an LMIA can be overcome. A significant benefit may, for example, include creation of jobs, development of a region, the expansion of export markets for Canadian products or services or the advancement of a Canadian industry through technology or innovation.
How Do I Apply for the International Mobility Program?
To apply for a work permit under the International Mobility Program (“IMP”), a foreign national must secure an employment offer with a Canadian employer for a job that qualifies under the IMP. Generally, jobs qualify under the IMP where there the work would create significant social, cultural or economic benefits or opportunities for Canadians or would create or maintain reciprocal employment for Canadians in other countries.
The Canadian employer must submit the employment offer to Immigration, Refugees and Citizenship Canada (“IRCC”) and obtain an offer of employment number. The employer must establish that there is no need for the employer to obtain a Labour Market Impact Assessment (“LMIA”) Using this offer of employment number, the foreign national must then apply for a work permit under the IMP.
Can Hong Kong Residents Work in Canada under a Free Trade Agreement?
Work permits under IMP without an LMIA may be available as a result of free trade agreements of which Canada is a party. These free trade agreements include the US-Mexico-Canada Agreement (“USMCA” or “CUSMA”) (formerly known as “NAFTA”), the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”), the Agreement on Trade Continuity between Canada and the United Kingdom (“CUKTCA”) and the General Agreement in Trade Services (“GATS”).
Hong Kong citizens may be eligible under GATS and foreign nationals resident in Hong Kong who hold citizenship in countries such as the UK may be eligible under CUKTCA for a work permit without an LMIA. In the case of GATS, Hong Kong citizens who possess recognized qualifications in certain professions, including engineers, architects, land surveyors, foreign legal consultants and senior computer specialists may be eligible for a short-term work permit.
Can Hong Kong Employees Transfer to an Affiliate in Canada?
Employees of multinational companies may be eligible for a work permit in Canada under the International Mobility Program (“IMP”) without an LMIA either on the basis of an international free trade agreement or on a more general basis that transfers of such employees to Canada may provide significant economic benefit to Canada through the transfer of expertise to Canadian businesses.
Hong Kong residents who have worked full-time for a multinational for at least 1 year in the 3 year period immediately preceding the date of the application in an executive, senior managerial or specialized knowledge capacity may be eligible without an LMIA for a work permit to work in a parent, subsidiary, branch or affiliate of the multinational in Canada. A subsidiary, branch or affiliate may be a new operation.
Can Hong Kong Residents Apply for an Open Work Permit?
An open work permit enables the holder to work for different employers rather than a specific employer. Hong Kong residents and other foreign nationals may be eligible for an open work permit in a number of circumstances:
Recent Hong Kong Graduates - Under a temporary public policy announced on November 12, 2020, recent Hong Kong graduates of post-secondary educational institutions and their spouses can apply for a Canadian open work permit. We provide more details about this pathway in our article entitled “How to Immigrate to Canada: A Guide for Hong Kong Residents”.
International Experience Canada – Young Hong Kong residents and certain other foreign nationals may be eligible as well for an open work permit under International Experience Canada (Working Holiday) program. For residents of Hong Kong, the program requires the applicant to hold a valid Hong Kong SAR passport or a British National (Overseas) passport and to be between the ages of 18 and 30.
Post Graduate Work Permit –Hong Kong citizens and other foreign nationals who have graduated from an eligible Canadian designated learning institution may be eligible for an open work permit to gain experience in managerial, skilled or technical occupations prescribed in Skill Type 0 or Skill Level A or B under the National Occupational Classification (“NOC”).
Open work permits may also be available in some other circumstances, including, for example, to certain applicants for Canadian permanent residency and their dependants.