To be eligible, a foreign national must
- have received either
- an offer of employment number, or
- authorization by the Immigration Program Guidance Branch (IPG) to submit the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] (see Employer-specific work permits with Labour Market Impact Assessment exemptions for details);
- have paid the employer compliance fee (self-employed persons are considered their own employer and must therefore pay the employer compliance fee); and
- have submitted an application for a work permit.
Note: The IMM 5802 form is authorized only in rare situations or for foreign companies that do not yet have a Canada Revenue Agency (CRA) number. Instructions are available in the Employer Portal enrollment guide.
The processing office will do the following:
- Confirm that the receipt number for the employer compliance fee is valid or that the employer has indicated a fee exemption. This information is captured separately from the work permit processing fee information in the “Fees” view tab in the Global Case Management System (GCMS).
- Confirm that the IPG has entered a “Client Note” on the “Client” screen indicating that the employer has been authorized to use the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] for the specific foreign national.
- Review the information in the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802].
Work permit issuance in GCMS
The work permit will be issued under the authority of paragraph 205(a) and will be coded as follows:
- Employer name: foreign national’s name or business name as per the offer of employment
- Employment location: as per the IMM 5802 form and work permit application
- LMIA-exemption code: C-11
- NOC: 8888
- Intended occupation: entrepreneur
- Case type: 52
- LMIA-exempt (offer of employment) number: required
- Employer compliance fee: required
- Duration: the work permit is to be valid as per the applicant’s request and officer’s judgement
Note: The employer is subject to regulatory imposed conditions based on the information provided in the offer of employment.
Note: Officers must be satisfied that the applicant meets the requirements of subsection A22(2), according to which they will leave Canada by the end of the period authorized for their stay.
Applicants seeking eventual permanent residence
There are two categories of potential permanent residence applicants who may apply for a work permit under this category:
- Actual or potential provincial nominees undertaking business activities;
- Quebec-destined entrepreneurs or self-employed persons issued a Quebec Selection Certificate (CSQ).
Applicants in these categories have demonstrated that their admission to Canada to begin establishing or operating their business may generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents pursuant to paragraph R205(a).
Actual or potential provincial nominees undertaking business activities
A foreign national who has a valid nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province or territory may be issued a work permit under LMIA exemption code T13.
A work permit may be issued to a foreign national who is being considered by a provincial or territorial government for potential nomination for permanent residence. This is possible because the province or territory wants the potential nominee to implement their business plan and wants to ensure the candidate is able to successfully establish the business before they actually nominate the foreign national.
Note: In cases where the applicant has received a nomination in the business category or is self-employed and the permanent residence application is not yet processed, a C11 work permit may be authorized as an initial work permit or extension, where there is a compelling argument for early entry.
Work permit processing instructions for potential nominees and nominated applicants undertaking business activities
To be eligible, a foreign national must
- have a letter of support from the province or territory (this letter of support should count towards evidence that their admission to Canada to operate a business may create significant economic, social or cultural benefit to Canada; additional documentation [such as a business plan] may be requested);
- have received either
- an offer of employment number, or
- authorization by the IPG to submit the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] (see Employer-specific work permits with Labour Market Impact Assessment exemptions for details);
- have paid the employer compliance fee (self-employed persons are considered their own employer and must therefore pay the employer compliance fee); and
- have submitted an application for a work permit.
Note: The IMM 5802 form is authorized only in rare situations or for foreign companies that do not yet have a CRA number. Instructions are available in the Employer Portal enrollment guide.
The processing office will do the following: - Confirm that the IPG has entered a “Client Note” on the “Client” screen indicating that the employer has been authorized to use the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] for the specific foreign national. The IPG will have uploaded a copy of the IMM 5802 form under the “e-Documents sub-tab” of GCMS.
- Confirm that a copy of the completed “IMM 5802” form is included with the work permit application. Review the information in the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802].
- Confirm that the receipt number for the employer compliance fee is valid or that the employer has indicated a fee exemption. This information is captured separately from the work permit processing fee information in the “Fees” view tab in GCMS.
Work permit issuance in GCMS