CONVINUS Global Mobility
CONVINUS Global Mobility Insights - Sommer / Summer 2025ions). Qualification for any type of status - business visitor or worker - should neverbe taken for granted.(3)(a) Business Visitors (BV)The law allows people to enter the country for ‘international business purposes’.However, the definition in this regard is very vague. It is often said that it meansthat no productive work is being conducted, but this is not fully determinative.Some activities are commonly seen as BV activities, such as ‘meetings’, orproviding intra-company training. But there is no definitive demarcation, and eachcase must be considered individually. Getting it wrong may mean denial, return tothe home country, and consideration of whether a work permit is feasible. Notethat people often talk of factors such as remuneration remaining outside Canada,and brevity of visit, but these factors are also not fully determinative.(3)(b) Work PermitsWork Permits divide into two broad categories: those that need a Labour MarketImpact Assessment (LMIA), and those that do not.(3)(b)(i) LMIA-based Work PermitsLMIAs are the gate by which the Canadian government seeks to regulate the flowof foreign workers (and therefore, protect the Canadian labour market). LMIAsgenerally require a company to recruit, prove they could not find a Canadian, andcarry out some other processes before the hiring of a foreign worker can bejustified. There are some subsets of LMIAs, such as the Global Talent Stream, whichstreamlines LMIA considerations for certain occupations. The availability of suchnon-standard LMIAs must be considered on a case-by-case basis.(3)(b)(ii) Non-LMIA-based Work Permits(also known as the ‘IMP’ – International Mobility Program)Based on various government policies, however, the law allows for certainexemptions from the need for an LMIA. Quite often, the essence of the matterbecomes whether such a non-LMIA work permit can be justified, to bypass the34
CONVINUS Global Mobility Insights - Sommer / Summer 2025LMIA process. This will make life easier for everyone.Examples of non-LMIA work permit categories include:Intra-Company TransfersAs with all other discussions herein, eligibility should not be taken for granted.There are various legal issues including the relationship of the companies, theposition of the person, the nature of the work, etc.Professionals under various free trade agreementsIncluding CETA – the Canada/EU Free Trade Agreement (as well as theequivalent UK version – the CUKTCA)Reciprocal BenefitWhere a company shows that it gives opportunities to Canadians abroad, itmay be able to justify hiring foreign workers in CanadaFrankophone MobilityA program for French speakers destined for provinces other than QuebecSignificant BenefitA discretionary category that can be of value in crucial situationsThere are further categories, and each of the above have various legalrequirements and details, and, yet again, qualification should never be taken forgranted.35
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