Citizenship and Immigration Canada (CIC) has recognized the need to expand the non-LMIA work permit category of ‘Emergency Repair’ so that it includes repairs and maintenance beyond the warranty or service period under the LMIA Exemption Code C-13.

Previously, this LMIA exemption code only applied to repair industrial or commercial equipment covered by a warranty, after-sales, or lease agreements. This provision has now been expanded to include the repair of industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement.

These work permits will remain valid for periods of up to 30 days. Longer durations for the work permit may be requested under appropriate situations.

Conditions necessary in order to apply:

  • Manufacturer has no commercial presence in Canada;
  • Specific knowledge is needed for the repair; and
  • Jobs in Canada would be affected if equipment is not repaired/serviced in a timely manner.

Documents Required:                                        

  • An offer of employment from the home employer including the employee’s status with the company and the purpose of visit;
  • The IMM5802 Form – the ‘Employer Compliance’ documentation that is now required for all non-LMIA work permit applications;
  • Evidence of the foreign employee’s proprietary or specialized knowledge to repair the equipment; and
  • CIC also requires a compliance fee of $230 and proof of payment is necessary to obtain the work permit.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.