Significant Benefit
If a foreign national’s work in Canada will have a clear and compelling social, cultural, and / or economic benefit to Canada, they may be eligible for a work permit under the significant benefit category. If so, their employer or prospective employer will not be required to apply for a Labour Market Impact Assessment (LMIA).
Nonetheless, their employer or prospective employer will be required to file an offer of employment with Immigration, Refugees and Citizenship Canada (Immigration Canada) and pay the employer compliance fee before the foreign national can apply for a work permit under this category.
To qualify for a work permit under the significant benefit category, a foreign national must demonstrate that their work in Canada will have a significant cultural, social, and / or economic benefit to Canada. The foreign national is expected to have a distinguished reputation in their field and their contributions to Canada should be important or notable.
Further, an employer or prospective employer is expected to make all practical efforts to obtain an LMIA for the foreign national. Therefore, an employer or prospective employer may be required to demonstrate that the balance of practical considerations necessitates the issuance of a work permit in a time frame shorter than would be necessary to obtain an LMIA.
This is a highly discretionary type of application. Some of the factors that the adjudicating officer may consider, include the following:
- Will the foreign national’s work in Canada have a positive impact on the Canadian labour market?
- Does the foreign national have an advanced level of education?
- Does the foreign national have extensive work experience in their field?
- Has the foreign national held a leadership position in an organization with a distinguished reputation?
- Has the foreign national received any national or international awards related to their work?
- Is the foreign national the owner of a registered patent?
- Is the foreign national a member of an organization requiring excellence of its members?
- Has the foreign national made scientific or scholarly contributions to their field?
- Has the foreign national authored academic or industry publications?
- Is there an urgent need for the foreign national in Canada?
- What are the practicalities of the employer or prospective employer applying for an LMIA?
If a foreign national does not require a temporary resident visa (TRV) to enter Canada, they may apply for a work permit at a Canadian port-of-entry (e.g. international airport, land crossing, etc.). However, if a foreign national does require a TRV to enter Canada, they must apply for a TRV and work permit at a Canadian visa office abroad prior to travelling to Canada.
A foreign national may be issued a work permit which is valid for up to three years and extensions are possible.