New LMIA Exemption – Repair Personnel

On May 21, 2015, Citizenship and Immigration Canada (“CIC”) introduced a new Labour Market Impact Assessment (“LMIA”) exemption for individuals who are coming to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement.

The LMIA exemption code is C13.

There are two streams under this Labour Market Impact Assessment (LMIA)-exemption category. They are:

  • Emergency Repair Personnel; and
  • Repair Personnel for Out of Warranty Equipment

Emergency Repair Personnel 

Emergency repair personnel are persons whose admission is required in Canada to carry out emergency repairs to industrial or commercial equipment in order to prevent disruption of employment regardless of whether the equipment is under warranty.

Applicants must submit:

  • letter of introduction from the home employer (i.e., foreign employer) outlining the applicant’s status with the company and the purpose of the foreign national’s visit to Canada;
  • a copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment from the Canadian entity that explains their need to conduct emergency repairs on industrial or commercial equipments, and provides a detailed description of the work to be performed in Canada; and
  • evidence to demonstrate that the foreign national has the proprietary or specialized knowledge required to repair the equipment (e.g., copies of degrees, any required professional licences or certifications, a copy of the foreign national’s curriculum vitae).

Repair Personnel for Out of Warranty Equipment

This category includes individuals who are coming to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement. CIC deemed it necessary to allow for preventative work where failure to repair industrial equipment immediately would have a negative impact on productivity.

The duration of the work permit is less than 30 days. In exceptional circumstances, an officer could assess an application to extend the work permit on a case-by-case basis where the work performed would create or maintain significant economic benefits or opportunities for Canadian citizens and permanent residents.

Applicants must demonstrate that:

  • there is a need for specific knowledge;
  • there is no commercial presence by the company that manufactured the equipment being serviced (also known as the Original Equipment Manufacturer [OEM]); and
  • Canadian jobs would be greatly affected if the equipment is not repaired in a timely fashion.

They must submit:

  • letter of introduction from the home employer (i.e., foreign employer) outlining the applicant’s status with the company and the purpose of the foreign national’s visit to Canada;
  • a copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment from the Canadian entity that indicates the nature of their work, explains their need to conduct repairs on industrial or commercial equipment that is no longer under warranty, confirms that there is no OEM presence in Canada who could perform the work, and provides a detailed description of the work to be performed in Canada; and
  • evidence to demonstrate that the foreign national has the proprietary or specialized knowledge required to repair the equipment (e.g., copies of degrees, any required professional licences or certifications, a copy of the foreign national’s curriculum vitae).

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