Immigration Lawyer

Work Permit Application for Foreign Worker

Immigration Lawyer

Labour Market Impact Assessment (LMIA)

Employers hiring foreign nationals under the Temporary Foreign Worker Program (TFWP) must first apply for a Labour Market Impact Assessment (LMIA). Issued by Employment and Social Development Canada (ESDC), the LMIA evaluates the impact of hiring a foreign worker on Canada’s labour market.
The LMIA confirms that no eligible Canadian citizen or permanent resident is available to fill the job role, ensuring that hiring a foreign worker addresses the labour shortage for the position. This process helps businesses recruit qualified candidates while safeguarding employment opportunities for Canadians.

Why is LMIA required?

The Labour Market Impact Assessment (LMIA) is a crucial requirement for employers and foreign workers alike.
For employers, the LMIA demonstrates the efforts they have made to hire workers locally and confirms their inability to find a suitable candidate within Canada. This ensures that hiring a foreign worker is necessary to fill the job role.
For foreign workers, a positive LMIA is essential to apply for a work permit. It supports their hiring process by validating their eligibility to work in Canada as a foreign national.

What are the eligibility requirements to apply in LMIA?

To hire a foreign worker, an employer in Canada must meet specific eligibility criteria for an LMIA:

The employer must have an active business operation. The business needs to be legitimate and must provide jobs with good service to the public in Canada.
There must be a genuine job offer, with the requirement to fill a position for business operations.
There must be reasonable recruitment efforts made by the employer to hire Canadian citizens for the job role before considering a foreign worker. The efforts shall be through advertisements, various channels, and other means as specified by Employment and Social Development Canada (ESDC).
The employer must comply with the labour laws and regulations of Canada. Working conditions need to be in proper standing as provided by the provincial working standards.
The employers need to show financial stability to pay the wages on time and maintain business operations in a viable manner.
There shall be no recent violations on the part of the employer, or any non-compliance related to immigration laws or employment standards.

What is the LMIA process?

To apply for the LMIA there is a procedure that needs to be followed:

1. Determine if the LMIA is required

It is important to first evaluate if the job roles fall under the LMIA category. For more details, check with the Canadian government guidelines. Many times, an LMIA is not required for high wage workers where Canada has a free trade agreement or for youth taking part in the International Experience program.

2. Check if there are any prohibition

It is crucial to check that there are no prohibitions by the government in any LMIA application. In some cases, applications are not processed by the ESDC, such as for low-wage positions, certain facilities, or when there is a negative impact on the labour market. In areas with higher unemployment rates, LMIA applications are not approved if Canadian citizens or permanent residents are available to fill the position.

3. Determine the wage rate for the workers

There are mainly two wage categories under which employees are paid: high-wage workers and low-wage workers. In Canada, wages are determined based on the provincial median wage level.

If the wage is above the provincial median wage, it is considered a high-wage position. If the wage is below the provincial median wage, it is classified as low-wage LMIA.

4. Select an appropriate LMIA stream based on wage and occupation

Most LMIA assessments fall under either High-wage Positions or Low-wage Positions. There are also specialized streams, such as those for foreign agricultural workers, foreign academics, in-home caregivers, and the Global Talent Stream. Before determining which wage category, a stream will fall under, it is crucial to consider the wage offered to workers compared to the provincial median wage.

Median Hourly wage by province or territory
Province or territory	Median hourly wages from April 2, 2024
Alverta	$29.50
British Columbia	$28.85
Manitoba	$25.00
New Brunswick	$24.04
Newfoundland and Labrador	$26.00
Northwest Territories	$39.24
Nova Scotia	$24.00
Nunavut	$35.00
Ontario	$28.39
Prince Edward Island	$24.00
Quebec	$27.47
Saskatchewan	$27.00
Yukon	$36.00

5. Prepare and conduct an advertisement

It is essential to prepare an accurate job advertisement following the guidelines specified by the ESDC. Various platforms can be used for advertisements such as local newspapers, industry specific boards, recruitment agencies or online portals.

The advertisements must be relevant to the job role required to be filled. Exceeding the minimum advertisement requirements can strengthen the application.

6. Submit the LMIA application

Application forms must be filled out appropriately according to the job streams being applied for. Ensure to include supporting documents, such as details of the job offer, wage, duties and working conditions. Give registration documents and business license. The application can be submitted through the LMIA online portal or by mail.

7. Pay the application fees

The current fee per position is CAD $1,000 and the payment can be done through credit care, money order or certified cheque.

Please note: LMIA applications under Seasonal Agriculture Worker Program (SAWP) are exempted from fees. The motive to except is to encourage more employers in the field of agriculture to participate in the program.

LMIA and Work Permit

A work permit is an official document that grants employment to a foreign national in Canada. Most work permits are issued based on a positive LMIA, linking the permit to the approved employer and job.

How is LMIA and work permit linked?

When an employer applies for LMIA from the Employment and Social Development Canada (EDSC), they must also provide job details, wage rate and proof of the efforts made to hire a Canadian permanent resident. If the LMIA is approved by ESDC, the employer will receive a positive LMIA and will forward the approved LMIA to the foreign worker. After receiving the approved LMIA, a foreign worker applies for work permit to allow them to work in Canada. It is the Immigration, Refugees and Citizenship Canada (IRCC) who verifies the application and issues work permit and, ensure that the foreign national aligns with the labour market and Canada’s immigration goals.

How can our immigration lawyers help you?

LMIA process is for the employers who are looking to fill skill shortages. Foreign workers may be very crucial for their business and therefore it requires, knowledgeable and qualified representative who can help you. Rules and regulations in Canada to hire foreign workers are changing very often and it requires to have related updated information to the representatives you speak to. It is also important that it is cost effective and transparent process. Our trusted immigration lawyers are here to assist employers with a comprehensive understanding of LMIA requirements. We provide step-by-step guidance through the application process and customized support for job compliance and advertisements.

If you are a foreign national, we can assist in linking your approved LMIA to your work permit application, ensuring you meet the eligibility criteria. We meticulously prepare all the required documentation to enhance the accuracy and success of your application.

For a smooth and successful LMIA or work permit application, contact us at 905-405-0199 today!

Frequently Asked Questions

What is LMIA processing time?

The processing time for LMIA applications varies depending on the stream:

Global Talent Stream: 9 business days.
Agricultural Stream: 15 business days.
Seasonal Agricultural Worker Program: 6 business days.
High-wage Stream: 53 business days.
Low-wage Stream: 51 business days.
Permanent Resident Stream: 100 business days (as of September 2024).

What are the different types of LMIA?

The different types of LMIAs are:

High-wage LMIA: For workers whose wage is above the provincial median hourly wage.
Low-wage LMIA: For workers whose wage is below the provincial median hourly wage.
Agriculture LMIA: For foreign nationals being hired for full-time agriculture job roles. Workers must meet the job requirements for primary agriculture.
Seasonal Agricultural Worker Program: Specifically for seasonal agricultural cultivation, allowing employers to hire workers for up to 8 months per year for on-farm primary agriculture work.
Global Talent Stream (GTS): A fast-track LMIA designed for high-skilled workers in IT roles and high-demand technology sectors

Are there any exemptions to LMIA requirements?

Yes, there are exemptions to LMIA requirements under the International Mobility Program (IMP), including:

Workers covered by international agreements such as the Canada-United States-Mexico Agreement (CUSMA) or free trade agreements with Chile, Peru, and the European Union (CETA).
Intra-company transfers.
Workers providing significant benefit to Canada, such as those with substantial social, cultural, or economic benefits (e.g., entrepreneurs, self-employed workers, or researchers).
Employees under reciprocal employment agreements, such as youth exchange programs.
Spouses of international students and skilled workers who are eligible for work permits based on the primary applicant’s status.
Workers involved in religious or charitable work.
International graduates under the Post-Graduation Work Permit Program (PGWP) eligible through Canadian institutions

What happens if my LMIA application is refused?

If your LMIA application is refused, you will receive a letter explaining the reasons for the refusal. There are no formal appeals available for LMIA refusals. The applicant must carefully review the refusal letter, understand the grounds for refusal, address the reasons, and submit a new application.