A Significant Benefit Work Permit is a type of work permit that is reserved for those who can demonstrate the ability to create or maintain a significant social, cultural or economic benefit to Canadian society or provide opportunities for Canadians and/or permanent residents of Canada.
Canadian government officers have a crucial role in considering the potential impacts on Canadian workers before they decide on admitting foreign workers into the country. Consequently, a market test, commonly referred to as Labour Market Impact Assessment (LMIA), is an essential requirement. However, there are exceptional cases when the LMIA requirement is scrapped off based on a “significant benefit” exemption. In such a case, the potential benefits of a work permit outweigh the possible drawbacks resulting from not following the standard procedure. The possible benefits could be economic, cultural, or social.
Looking the Other Way
Various cases generally require an LMIA. However, specific practical deliberations might prevent this from being a restriction, especially if Canada would reap many benefits. Besides, LMIAs take too long to process. This means that the application and approval of a work permit might take a significantly shorter time than what would be required to obtain an LMIA.
The majority of LMIA exemptions are clear and well-defined. These include intra-company transfers, the common-low partner of various students and foreign workers, and spouses’ policies. Others include policies regarding international agreements, including CETA, International Experience Canada (IEC) initiative, and NAFTA, among others. Once LMIA is waived, other crucial factors and requirements are analyzed and used to assess a foreign worker’s permit work permit application. If all other considerations are in order, the work permit is granted. Some of the economic factors to be considered include the following:
- The possible impact on Canada’s investment
- The country’s economy
- The needs of the Canadian customers
- The potential disruption of the labor market in Canada
Social Benefit Considerations
The officers will require evidence that the foreign worker’s operations will benefit other third parties who might not be part of the transaction. Some of the social considerations include:
- Addressing and promoting the general safety and health benefits of permanent residents and Canadian.
- Developing and promoting safe products that will enhance environmental concerns.
- Promoting and improving the Canadian communities image and pride
- Boosting local investments by promoting heritage resources and amenities that work to support tourism services
- Preaching and strengthening community peace and social inclusions.
Considerations for a Significant Benefit Work Permit
Before approving a specific work permit, Canadian government officers must ensure that the work permit application meets the paragraph R205(a) requirement. In addition, they will have to be convinced that the foreign national’s operation will provide potential opportunities that will benefit permanent residents or Canadian citizens in all aspects. Significant refers to an extensive assessment of how the foreign national’s operation in Canada will provide:
- General economic advancement and support to Canada. This includes but is not limited to development in a remote or regional setting, job creation opportunities, or generation or improvement of Canadian goods and services export markets.
- Improvement of the Canadian industries- These include goods and services innovation, technological advancements or skill generation, and improvement opportunities.
- Increased health and general well-being- This relates to the physical, social, and mental well-being of the society, whether regionally or pan-Canada
- Increased knowledge, tolerance, or opportunities that bring together people of similar culture
The Basic Criteria for a Significant Work Permit
If you are a foreign national hoping to acquire a significant work permit in Canada, a lot is expected from you. For instance, you must convince the Canadian government that your line of work will offer significant economic, cultural, and social benefits to the country. You will also have to provide verifiable evidence of an outstanding record of distinction in your field. Here are the basic criteria that the Canadian uses to determine whether to issue a work permit as laid down by the IRCC (Immigration Refugees and Citizenship Canada):
- Legit and verifiable academic documents indicating that the foreign worker has attained educational requirements and credentials specific to their area of professionalism
- Official documents, including work records and recommendation letters from previous employers. The papers will prove that the foreign worker is well-experienced in their field. Significant is generally defined as at least ten years of professional experience.
- The foreign worker must have received a national or international award or a patent.
- Must have a verifiable membership in organizations that expect excellent performance from their member
- They must have been in a higher position that required them to evaluate and judge other people’s performances.
- Must provide valid proof that their work contribution and contributions have been reviewed and recognized by their peers in the same field, professional associations, or the government.
- Foreign workers must provide valid proof of scholarly or scientific contributions to their field of expertise.
- Must have publications in industrial or academic publications
- Must have served in a leadership position in a distinguished and reputable organization
- Suppose the foreign workers are destined outside of Quebec. In that case, they must be working with a National Classification A, B, and O. Additionally, they must have been recruited via legit job fairs such as Destination Canada organized and coordinated with francophone minority communities and the federal government.
Are You Eligible for a Significant Benefit Work Permit?
You are eligible for a significant work permit if you work for a multinational company looking to extend into Canada and establish a parent branch or subsidiary of the main company. However, the company position you hold once in Canada must be in a senior managerial, executive, or specialized or advanced knowledge role.
Self Employed or Entrepreneur Workers
If you want to establish a business in Canada and become self-employed, you might qualify for a significant benefit work permit. First, however, you must be willing and capable of convincing the Canadian government your business activities will provide significant economic, cultural or social value to the country.
Television and Field Production Experts
Foreign TV and film industry workers who play a vital role in production can qualify for a significant benefit work permit. Based on IRCC reports, welcoming such individuals will attract more investment into Canada. This will translate to incredible economic benefits in the country, both for permanent residents and Canadian citizens.
Emergency Repair Technicians
If you are an emergency and technical repair expert, you are eligible for the Canadian significant benefit work permit. Once they are welcomed into the country, such professionals will play a crucial role in repairing commercial or industrial equipment to prevent employment disruptions in Canada.
The officers must provide a clear rationale and extensive details of how they applied paragraph R205(a) in the application notes. In addition, they should be clear on how and why they were satisfied that the foreign national’s work would economically, culturally, and socially benefit permanent residents and Canadian citizens.