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LMIA Exemption C42

by Wendy P.A Cao in Temporary Visa 4 March, 2021

International Mobility Program (IMP): Public policy – Spouse or Common-law Partner of Student – R205(c)(ii) LMIA Exemption Code C42

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

The provisions outlined for C42 apply only to spouses or common-law partners of students engaged in full-time studies at a Canadian:

• university
• college
• CEGEP
• publicly funded trade or technical school
• secondary institution (in Quebec) offering a vocational program
• private institution authorized by provincial statute to confer degrees

Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for an LMIA. This exemption is intended for spouses who are not, themselves, full-time students.

Eligibility

Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either

• a public post-secondary institution, such as:
  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec
• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

Validity

Work permits may be issued with a validity date to coincide with the spouse’s study permit

Still not sure what types of Work Permit is suitable for you?

• Please book an appointment with our experience RCIC by:
• Phone: 1 778 926 3086 – Wendy Cao OR
• Email: imsolutioncanadaus@gmail.com