Canadian employers in fast-moving industries often need a hiring plan that is realistic, compliant, and quick to implement. If you are considering a candidate who is a citizen of Chile, there are multiple routes to bring that person to Canada—some that require an LMIA, and others that may be LMIA-exempt depending on the role, the worker’s background, and the business need.
Below is a practical overview of the main pathways employers commonly explore, what the employer must do, and how to think about choosing the best option.
Important: Immigration eligibility depends on the specific job duties, wage, location, the candidate’s credentials, and the agreement category that fits. This is general information, not legal advice.
1) Start with the two “buckets”: LMIA vs. LMIA-Exempt
A) LMIA (Temporary Foreign Worker Program route)
An LMIA is essentially a government review tied to the Canadian labour market. When an LMIA is required, employers typically need to show recruitment efforts and meet program requirements before the worker can use the LMIA to apply for a work permit.
This is often used when:
- The job does not fit an LMIA-exempt category, and
- The employer needs the worker on a closed (employer-specific) work permit.
Compliance reminder: employers hiring temporary foreign workers must follow program rules and may be inspected. Canada’s employer compliance framework outlines obligations and recordkeeping expectations.
B) LMIA-Exempt (International Mobility Program route)
Canada also allows many hires without an LMIA under the International Mobility Program (IMP). When you hire LMIA-exempt, you generally must:
- Submit an offer of employment through the Employer Portal, and
- Pay the employer compliance fee, and
- Use the LMIA exemption code that matches the situation.
This route can be attractive when the role/candidate qualifies because it avoids the LMIA step and moves the process forward more directly.
2) LMIA-Exempt pathways that may apply to Chilean nationals
A) Free trade agreement work permits (including CPTPP / Canada–Chile FTA)
Chile is listed by IRCC as a country where Canada has trade agreement-based eligibility for certain types of work authorization, including through the Canada–Chile Free Trade Agreement and the CPTPP.
Trade agreement categories can include scenarios such as:
- Certain professionals
- Intra-company transferees (where the worker is already employed by a related foreign entity and is transferring to a Canadian entity)
- Investors / business visitors (in limited contexts)
Employer benefit: these can be LMIA-exempt if the role and candidate meet the specific trade agreement criteria.
Practical reality: the “fit” is very role-specific—job title alone is not enough; duties and credentials matter.
B) International Experience Canada (IEC) (candidate-driven option)
IEC is a government-run program that allows eligible young citizens of partner countries to work in Canada. It’s not an “employer program” in the traditional sense, but employers sometimes recruit through it because it can open a work authorization route for the candidate.
Employer benefit: can support hiring for shorter-term needs or as a “try-before-you-commit” period.
Limitations: age and category restrictions apply, and it may not be the right match for senior or long-term roles.
3) When an LMIA may be the better (or only) route
Sometimes the cleanest path is still an LMIA, especially when:
- The position does not match a trade agreement category
- The candidate is not eligible for IEC (or needs longer-term stability)
- The employer needs a specific worker for a specific location under a closed permit
The LMIA route is more document-heavy, but it can be the correct tool when there is no reliable exemption available.
4) Employer checklist: what to prepare before you file anything
Whether you’re pursuing an LMIA or LMIA-exempt route, these items save time and prevent delays:
- Accurate job description (duties, reporting line, location, work model)
- Wage and hours clearly defined
- Candidate credentials (degree, licenses, experience letters, CV)
- Corporate documents (business registration, structure, and proof of operations)
- Plan for compliance (records, consistent work conditions, and prompt internal reporting of changes)
Canada’s employer compliance rules emphasize maintaining proper records and meeting the terms of employment.
5) Common mistakes that cause delays
- Treating “LMIA-exempt” as “no employer obligations” (there are still requirements)
- Using a trade agreement category that doesn’t match the actual job duties
- Posting a job title that sounds eligible, but the role description doesn’t support it
- Changing duties, salary, or location mid-process without reviewing the impact on compliance
Conclusion: choosing the right pathway
For Chilean candidates, LMIA-exempt options may be available through trade agreements (including CPTPP / Canada–Chile FTA categories) and, in some cases, through IEC—while the LMIA route remains important when exemptions don’t apply.
If you’re a Canadian employer deciding between these options, the best starting point is usually a quick eligibility review of:
- the job duties and NOC/TEER alignment,
- the candidate’s credentials, and
- whether a trade agreement or IMP exemption fits cleanly.
Project FAQ under blog
1) Do Canadian employers always need an LMIA to hire a worker from Chile?
No. Some hires may qualify as LMIA-exempt under the International Mobility Program, depending on the category and eligibility.
2) If we use an LMIA-exempt pathway, do we still have employer steps?
Yes. Employers typically must submit the offer through the Employer Portal, pay the employer compliance fee, and use the correct exemption code.
3) Are Chilean citizens eligible for trade agreement work permits in Canada?
IRCC lists Chile as covered by trade agreements with Canada, including the Canada–Chile FTA and CPTPP, which can support certain work authorization categories when criteria are met.
4) What is IEC and can it help with hiring?
IEC is a program that allows eligible participants to work in Canada and can sometimes support hiring—especially for younger professionals—subject to program rules.
5) What are the biggest compliance risks for employers?
Not meeting the terms of employment, weak recordkeeping, and failing to follow employer obligations can create compliance issues. Canada provides guidance on employer compliance and inspections.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.