LMIA Advertising Exemptions for Entertainment Industry

When an individual in the entertainment industry cannot receive consideration as a business visitor, and is not eligible for a work permit exempt from a Labour Market Impact Assessment (LMIA), a LMIA-based work permit is the last option.

Generally, as part of the LMIA process, Canadian employers must demonstrate that employing a foreign worker will have a positive or neutral impact on the Canadian labour market, and that there is currently no Canadian citizen or permanent resident available to fill the position, which is typically done by advertising the position on several venues. However, for some position in the entertainment sector advertisement and recruitment are not required, thus eliminating the most problematic aspect of a LMIA application. Indeed, not having to demonstrate proper advertisement and sufficient recruitment efforts renders the process significantly more expeditious and increases the likelihood of LMIA success. Although the application process is facilitated, the employer bears the onus to pay the $1,000.00 government processing fee.

Once a positive or neutral LMIA is issued the foreign worker may apply for a Canadian work permit. The manner in which a person applies will depend on their country of nationality.

As with other LMIA, this facilitated process available to the entertainment sector, whether the requirements of the program are met rests with the discretion of the decision maker. Consequently, in order to maximize success and avoid refusal, it is prudent to check with an experienced immigration lawyer before pursuing an LMIA and ancillary work permit.