LMIA Based Work Permit
To hire a Temporary Foreign Worker in Canada, Canadian employers must first obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). ESDC issues an LMIA if it’s determined that no Canadian citizen or permanent resident is available to fill the position. Once granted, the employer provides the foreign worker with a copy of the LMIA approval letter and a detailed job offer. The foreign worker then submits their work permit application to IRCC and, depending on their country of citizenship, may also need to obtain a Temporary Resident Visa (TRV) to travel to Canada. Additionally, employers may need to meet specific advertising requirements to show they actively sought Canadian candidates before offering the role to a foreign worker. Compliance with Canadian labor laws and wage standards is required to protect the foreign worker’s rights.
Steps and Conditions for LMIA-Based Work Permits
LMIA processing times vary, ranging from a few weeks to several months. These work permits are employer-specific, meaning foreign workers can only work for the employer listed on the permit. If a foreign worker wishes to change employers or positions within Canada, they must apply for a new work permit, and the new employer will need an LMIA for the new role unless the foreign worker has permanent resident status.
Pathways to Permanent Residence
Temporary foreign workers on LMIA-based permits may qualify for permanent residence under the:
- Canadian Experience Class (CEC)
- Skilled Worker Category
- Provincial Nominee Programs (PNPs)
NOTE :- If the job is located in Quebec, the foreign worker must also obtain a Certificat d’acceptation du Québec (CAQ) from Quebec’s Ministère de l’Immigration, Francisation et de l’Intégration (MIFI), which must be submitted alongside the LMIA.
LMIA-Based Work Permit Eligibility and Requirements
The Canadian employer must meet certain criteria to be eligible for an LMIA, which varies depending on the LMIA stream applied for. For example, employers applying for an LMIA to support permanent residency must have been in business for at least a year prior to application. For all other streams, employers must:
- Operate a legitimate business.
- Assemble the required documents proving your need to extend the study permit and apply online.
- Have a genuine need for a foreign worker.
- Provide goods or services.
LMIA Streams
The LMIA process varies by stream, with specific requirements, documents, advertising timelines, and fees for each. LMIA streams include:
- Low-Wage and High-Wage
- Supporting PR Applications
- Dual Intent
- In-home Caregivers
- Global Talent Stream
- Agricultural Workers and Seasonal Agricultural Workers
LMIA Based Work Permit Supporting Documents
Employers must advertise job openings to ensure no Canadians or permanent residents are available, posting for four weeks in three sources (high-wage roles) or five sources (low-wage roles) and submitting the LMIA application within three months of beginning the advertisement. Employers must also submit:
- Business legitimacy documentation
- Recruitment documentation
- Proof of goods or services provided
- Provincial documentation, like licenses and registrations
