LMIA Work Permits
Generally, employers are required to apply for a Labour Market Impact Assessment (LMIA) from the Canadian Government—through Employment and Social Development Canada (ESDC) before they can hire foreign workers.
A positive LMIA indicates to an immigration or a visa officer that there is a need for a foreign worker to fill the job an employer is offering and that there is no Canadian or PR worker available to do so.
Work Permits under LMIA for low-skilled jobs are typically issued for one year. Renewal of any work permit requires a new LMIA. Employers of TFW must reapply every year for LMIA.
Employers can also apply for LMIA to assist temporary foreign workers in obtaining permanent residence status. This is referred to as a Dual Intent LMIA, and the TFW can benefit from additional job offer points for their Express Entry permanent residence application.
This is possible for both foreign nationals in and outside Canada.
As part of a 3 year pilot implemented in March 2020, applications for low wage positions will receive an employment duration of up to 2 years based on the employer's needs
Generally, employers are required to apply for a Labour Market Impact Assessment (LMIA) from the Canadian Government—through Employment and Social Development Canada (ESDC) before they can hire foreign workers.
A positive LMIA indicates to an immigration or a visa officer that there is a need for a foreign worker to fill the job an employer is offering and that there is no Canadian or PR worker available to do so.
Work Permits under LMIA for low-skilled jobs are typically issued for one year. Renewal of any work permit requires a new LMIA. Employers of TFW must reapply every year for LMIA.
Employers can also apply for LMIA to assist temporary foreign workers in obtaining permanent residence status. This is referred to as a Dual Intent LMIA, and the TFW can benefit from additional job offer points for their Express Entry permanent residence application.
This is possible for both foreign nationals in and outside Canada.
Employer LMIA Processes and Requirements
Generally, employers are under an obligation imposed by Employment and Social Development Canada (ESDC) to satisfy the following requirements.
- Meet all eligibility requirements of the TFWP for LMIA application
- Inform ESDC of any changes to the employment of the temporary foreign worker
- Review your activities to ensure compliance with TFWP
- Employer may also be required to go through the Employer Compliance Review
- Have a transition plan
Employers must satisfy the following requirements to apply for LMIA
- Pay $1000 Canadian as an application fee
- Prove your business is legitimate
- Show proof of efforts to hire Canadian citizens or permanent residents
- Meet the minimum wage requirement
- Evidence of workplace safety standards
Employers must meet advertising requirements for LMIA- based recruitment
- Employers must advertise the job vacancies on acceptable job boards and platforms for at least 4 weeks prior to applying for LMIA.
- Advertisement should indicate English or French language proficiency requirements for the job.
Employers SUBMITTING LMIA APPLICATIONS FOR LOW WAGE WORKERS MUST MEET ADDITIONAL requirements
- Satisfy the capacity limit on hiring temporary foreign workers
- Provide worker’s round trip transportation (to and from Canada)
- Ensure the availability of affordable housing during the period of employment
- Obtain and pay for private health insurance that covers emergency medical care, for any period during which the TFW is not covered by the applicable province or territory health insurance system