LMIA-Exempt Canadian Work Permit Under The CPTPP

Hiệp định CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) is a free trade agreement between Canada and 10 countries in the Indo-Pacific region, including Vietnam. Thanks to CPTPP, Vietnamese citizens are placed in the priority group in Canada's International Immigration Program (IMP), helping them apply for work permits without needing a LMIA. Specifically, CPTPP eliminate labor market requirements (LMIA) for workers from member countries if they meet the conditions in certain categories. This gives an advantage to Vietnamese people, because the process of applying for a work permit is simplified and faster.

Types of work permits exempted from LMIA under CPTPP

CPTPP opens 4 categories of LMIA-exempt work permits for Vietnamese citizens:

• Professionals These are employees with a 4-year university degree or higher and at least 2 years of experience in a specialized field. They must have a position in NOC 0 (management) or A (senior professional). Salaries and working conditions are equivalent to Canadians in the same field. If your profession is regulated (e.g. engineer, pharmacist, accountant, etc.), you must have a degree and a corresponding professional certificate, both in Canada and abroad. Please note that fields such as health, education, and culture are often excluded, so overseas Vietnamese should focus on engineering, economics, information technology, finance, etc.
• Technicians Vietnamese citizens with a short-term college/university degree (2 years) and at least 4 years of experience in the profession. Occupations in group NOC B (technicians, production managers, machine operators, etc.). For example: mechanical, electronic, IT, construction, miner or supporting industry worker. As experts, if the profession is regulated, a practice license is required; otherwise, a relevant degree and clear proof of experience are required.
• Intra-corporate Transferee Vietnamese workers are temporarily transferred to work at a subsidiary, branch or parent company in Canada. General conditions: you have worked continuously for at least 1 year in the last 3 years at a foreign company and are transferred to a branch in Canada. Applicable positions: executive management (director, department head), professional management or personnel with specialized knowledge (technical experts). Visa is granted for a maximum of 3 years, renewable. (Note: this program requires a parent-child relationship between the two companies and a clear transfer document.)
• Investor For Vietnamese entrepreneurs who want to invest and operate a business in Canada. Applicants must be directors, managers or technical experts with operational experience and are prepared to invest a significant amount of capital in a new or existing business in Canada. Vietnamese citizens applying for this category will be granted a work permit for up to 1 year (renewable). Specific requirements often include: owning a controlling stake (usually recommended ≥51%) of the investment company in Canada, experience in management or being a business owner, and demonstrating financial ability to invest (usually recommended around CAD 150,000 or more, but there is no minimum required). As above, applicants need to prepare full qualifications, business experience, credit history and clean health.

Potential industries and fields

With the above categories, Vietnamese people can take advantage of many industries and fields:

• Engineering and Technology: Civil, mechanical, electrical, electronic engineers; IT specialists, programmers, software engineers; manufacturing technicians, etc. High-tech fields (AI, robotics, electronics) are highly recommended.
• Business and Management: Project management, finance specialist, international marketing, business administration, management consulting.
• Finance, Accounting, Law: Financial accountant, auditor (if having ACCA/CPA certificate), international lawyer (need Canadian practice certificate), etc.
• Agriculture & Food: Agricultural engineer, food safety specialist, food processing technician.
• Energy and Industry: Petroleum, environmental, mining, industrial infrastructure construction technicians.

In general, occupations that are in demand in Canada but are not strictly regulated by visas (not on the excluded list) are good opportunities for Vietnamese citizens. Taking advantage of the CPTPP is especially useful for multinational companies with branches in Vietnam and Canada, as they can easily rotate internal personnel.

Application process

• Employer First, the Canadian business (or its branch in Vietnam) prepares the recruitment documents. According to IRCC regulations, employers need to register recruitment information on Employer Portal and pay a $230 CAD (Employer Compliance Fee). The employer will then receive a Offer of Employment Number (employment proposal code) and give it to the employee. The employer also provides a detailed employment contract or job offer letter, stating the job title, duties, salary and term of employment.
• Applicant Vietnamese citizens prepare their personal documents and submit their application online to IRCC. The basic steps include: checking eligibility (ensure sufficient qualifications and experience according to each CPTPP category); reading IRCC's specific instructions for CPTPP; collecting necessary documents (diplomas, certificates, proof of experience, household registration book, criminal record if required). The applicant will pay a work permit application fee of $155 CAD and (if required) a biometric fee of $85 CAD. Then, they submit their application through IRCC's online system with the following: Offer of Employment Number provided by the company. Finally, IRCC will review the application. The process usually takes from a few weeks to a few months (depending on the processing unit and the status of the application). Note: even if the application is complete, the decision to grant the permit is still subject to the discretion of the immigration officer.

Important note

• Work Permit Duration: Usually initially up to 1 year for professionals, technicians and investors (renewable if conditions are still met). The transfer of a company is granted for up to 3 years, with the possibility of extension depending on the work situation. The specific duration will be stated in the IRCC introduction letter (Port of Entry Letter).
• Biometrics: CPTPP work permit applicants are required to submit biometrics (fingerprints and photograph) if they have not submitted one before or if it has expired within the past 10 years. After submitting your application, IRCC will ask you to schedule a biometrics collection appointment to complete the process. Delays in providing biometrics may result in your application being held longer.
• Admissibility Người lao động phải meet Canada's entry requirements, including: no criminal record, not considered a security threat, good health (may require a medical examination depending on occupation). The Canadian Immigration Department will review the medical certificate (if required) and criminal record. If you are criminally inadmissible, you will not be granted a permit.
• Entry visa: Vietnamese citizens need a Temporary Resident Visa issued by the Canadian Embassy/Consulate to enter the country to receive a permit. Because Vietnam not exempt from visa, you must attach a visa application (work permit visa) with your work permit application. You cannot apply for a work permit directly at the port of entry (POE) because this condition is only for citizens of countries visa exemptionTherefore, please prepare to submit your application to the Canadian Consulate in Hanoi or Ho Chi Minh City before leaving.
• Renewal and PR application: During your working time, if you want to stay long term, you can apply for work permit extension if you continue to meet the conditions. In addition, working in Canada under the CPTPP also helps create a foundation for applying for permanent residence (PR) through many immigration programs such as Express Entry or Provincial Nomination Program (PNP).

Opportunity of Work in Canada without LMIA Through CPTPP is a favorable channel for high-quality Vietnamese workers. However, to maximize the benefits, candidates need to carefully prepare their professional documents and cooperate closely with employers to ensure smooth and complete procedures according to IRCC's guidelines.