Canadian employers considering a candidate from Chile may have several work permit options. Some require a Labour Market Impact Assessment, while others may qualify for an LMIA exemption.
IRCC’s free trade agreement guidance, updated on July 17, 2026, now provides a country-based overview of the agreements that may apply to business people seeking to work in Canada.
For Chilean citizens, IRCC identifies three agreements:
- Canada-Chile Free Trade Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- General Agreement on Trade in Services
These agreements may support temporary entry for certain business people. However, citizenship alone does not establish eligibility. The correct pathway depends on the position, duties, credentials, employment history, and relationship between the Canadian and foreign businesses.
LMIA and LMIA-Exempt Hiring
A Labour Market Impact Assessment is an assessment conducted by Employment and Social Development Canada. Depending on the applicable stream, employers may need to demonstrate recruitment efforts and meet requirements related to wages, working conditions, and business operations.
An LMIA may be required when the worker and position do not qualify under a free trade agreement or another exemption within the International Mobility Program.
The International Mobility Program allows employers to hire certain foreign nationals without an LMIA. Free trade agreement work permits are processed through this program.
For an employer-specific LMIA-exempt work permit, the employer generally must:
- Submit an offer through the Employer Portal
- Pay the $230 employer compliance fee, unless exempt
- Select the correct LMIA exemption code
- Provide accurate information about the duties, wages, hours, and location
Different requirements may apply to business visitors, open work permit holders, and applicants covered by specific exemptions.
Free Trade Agreement Options for Chilean Citizens
Depending on the agreement and circumstances, available categories may include:
- Professionals
- Intra-company transferees
- Traders or investors
- Business visitors
Each agreement contains its own definitions, eligible occupations, and documentary requirements. A worker who qualifies under one agreement may not qualify under another.
For example, an intra-company transfer generally requires a qualifying relationship between the Canadian and foreign businesses. The applicant’s previous employment and proposed Canadian position may also be reviewed.
IRCC describes a specialist as someone with advanced expertise and proprietary knowledge of the company’s products, services, research, equipment, techniques, or management.
A job title is not enough to establish eligibility. Officers may consider the applicant’s actual duties, education, professional experience, and purpose for entering Canada.
Can International Experience Canada Apply?
Chile also participates in International Experience Canada. IEC is separate from Canada’s free trade agreements and is based on a youth mobility arrangement.
Depending on eligibility and availability, Chilean citizens may participate through categories such as Working Holiday or Young Professionals.
Working Holiday generally provides an open work permit. Young Professionals provides an employer-specific work permit and requires employment that supports the participant’s professional development.
IEC has age, participation, quota, and invitation requirements. Candidates must receive an Invitation to Apply before submitting an IEC work permit application.
When May an LMIA Be Necessary?
An LMIA may remain appropriate when:
- The occupation is not covered by an applicable agreement
- The worker does not meet the category requirements
- There is no qualifying relationship for an intra-company transfer
- IEC is unavailable or unsuitable
- No other LMIA exemption applies
Using an incorrect exemption code or relying on a job title without supporting evidence may lead to delays or refusal.
What Should Employers Prepare?
Before choosing a pathway, employers should collect:
- A detailed job description
- Wage, hours, and work-location information
- The candidate’s CV and credentials
- Employment reference letters
- Corporate registration and ownership documents
- Evidence of any relationship between the Canadian and foreign businesses
Employers must also comply with the wage, occupation, location, and working conditions stated in the submitted offer.
Frequently Asked Questions
Can a Canadian employer hire a Chilean worker without an LMIA?
Yes, if the worker and employment meet the requirements of a free trade agreement or another LMIA-exempt category.
Which agreements may apply to Chilean citizens?
IRCC lists the Canada-Chile Free Trade Agreement, CPTPP, and GATS as agreements that may apply.
Does a free trade agreement guarantee a work permit?
No. The worker must qualify under a specific category and meet Canada’s temporary entry requirements.
Do employers have obligations under an LMIA exemption?
Yes. Employers may need to use the Employer Portal, pay the compliance fee, and comply with the conditions in the offer of employment.
Can a Chilean citizen use IEC instead?
Possibly. Eligibility depends on age, category, previous participation, available quota, and receipt of an invitation.
Final Takeaway
The updated IRCC free trade agreement guidance provides a country-based overview of the agreements that may apply when hiring a Chilean worker. The appropriate pathway still requires a careful review of the worker, position, employer, and applicable agreement.
At Visaserve Immigration Law P.C., we assist employers with LMIA applications, free trade agreement eligibility, LMIA-exempt work permits, and employer compliance requirements.
Email info@visaserve.ca or call 905-203-2266 to speak with an experienced Canadian immigration lawyer.
