15 Mar 2023
In recent years, Canada has become one of the most popular destinations for immigrants worldwide. One of the primary reasons for this trend is Canada’s progressive immigration policies prioritizing skilled workers who can contribute to the country’s economy.
One of the ways to immigrate to Canada through the job-based stream is by obtaining a Labour Market Impact Assessment (LMIA).
What is LMIA?
LMIA stands for Labour Market Impact Assessment. The Government of Canada issues a document that evaluates the effect of employing a foreign worker on the Canadian labor market. The purpose of an LMIA is to ensure that hiring a foreign worker will not have a negative impact on Canadian workers’ employment opportunities or working conditions.
An LMIA is a critical requirement for Canadian employers who wish to hire foreign workers through various immigration programs, such as the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). Before an employer can apply for an LMIA, they must demonstrate that they have made a reasonable faith effort to recruit Canadian citizens or permanent residents to fill the job vacancy.
After the approval of the LMIA application, the employer can give a copy of the LMIA to the foreign worker, who can then utilize it to apply for a work permit to work in Canada. The LMIA is typically valid for six months from the date of issuance.
Who is eligible for LMIA?
Canadian employers who wish to hire foreign workers through the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP) must apply for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)/Service Canada.
To be eligible for an LMIA, the Canadian employer must meet the following criteria:
- Demonstrate a genuine need for a foreign worker to fill a job vacancy;
- Offer wages and working conditions that are comparable to those offered to Canadian workers in the same occupation and location;
- Make reasonable efforts to hire Canadian citizens and permanent residents before offering the job to a foreign worker;
- Comply with all relevant federal, provincial, and territorial laws and regulations;
- Provide accurate and truthful information to the government; and
- Show that hiring a foreign worker will contribute to job creation and retention for Canadian citizens or permanent residents.
Foreign workers who wish to work in Canada under the TFWP or IMP must have a valid job offer from a Canadian employer and meet other eligibility criteria, such as having the necessary skills and qualifications to perform the job, meeting the language requirements, and obtaining a work permit.
It is essential to note that specific LMIA exemptions and stream-specific requirements vary depending on the type of work permit and occupation. Therefore, it is crucial to consult with an immigration lawyer or a regulated immigration consultant for personalized advice on the LMIA application process.
If you want to get advice from experienced consultants and get your LMIA approved, contact us.
How to apply for LMIA?
There are 2 ways to apply for LMIA:
- Online application – The employer can submit an LMIA application online through the Employer Portal with Employment and Social Development Canada (ESDC)/Service Canada. The online application allows the employer to submit and track the application online, receive notifications, and communicate with ESDC/Service Canada throughout the process. This is the preferred and most convenient method of applying for an LMIA.
- LMIA Application Forms (Paper application) – An employer can also submit a paper-based LMIA application by mail or in person at the nearest Service Canada Centre. However, this method can be time-consuming and may result in delays due to manual processing and mailing times.
Find out more information regarding the LMIA application process and requirements on our website.
What documents are required for LMIA?
The documents required for a Labour Market Impact Assessment (LMIA) application in Canada may vary depending on the specific LMIA stream and the circumstances of the job offer. However, here are some of the standard documents required for most LMIA applications:
- Job offer – A copy of the job offer letter detailing the job duties, qualifications, and wages offered to the foreign worker.
- Recruitment efforts – Documentation showing the employer’s efforts to recruit and hire Canadian citizens or permanent residents. This may include proof of advertising the job vacancy, such as copies of job postings or advertisements and records of interviews conducted with Canadian candidates.
- Business Information – Documentation proving that the employer is a legitimate business operating in Canada. This may include a business license, articles of incorporation, or a registration certificate.
- LMIA application form – The employer completes the LMIA application form and includes information about the job offer and the foreign worker.
- Application fee payment – Payment of the LMIA processing fee, which varies depending on the stream and location of the job offer.
Additional documents may be required for specific LMIA streams, such as proof of agricultural production for the Agricultural stream or proof of caregiver qualifications for the Caregiver stream. Review the specific requirements for the appropriate stream and consult an immigration lawyer or a regulated immigration consultant to guarantee the inclusion of all necessary documents in the application.
LMIA Application step-by-step process in Canada for 2023
The process for applying for a Labour Market Impact Assessment (LMIA) in Canada in 2023 involves the following steps:
Determine whether an LMIA is necessary
Before a Canadian employer can hire a temporary foreign worker, they must first apply for a positive LMIA from Employment and Social Development Canada (ESDC). This involves demonstrating that there are no available Canadian citizens or permanent residents who can perform the job.
Extend a temporary job offer
Upon obtaining a positive LMIA, the Canadian employer can offer a temporary job to the foreign worker. This offer must include a copy of the positive LMIA and a detailed job offer letter.
Apply for a work permit
The foreign worker can apply to ESDC for a Canada Temporary Work Permit with these documents. If the employer is in Quebec, the worker may also need a Certificat d’acceptation du Québec (CAQ) to work temporarily in Quebec.
Obtain a work permit
A Canada Border Services Agency (CBSA) officer will issue the Canada Temporary Work Permit when the foreign worker enters Canada. Remember that a negative LMIA implies the need to hire a Canadian; nevertheless, there may be cases where an LMIA exemption is applicable.
It is important to note that the LMIA process differs depending on whether the targeted employee is classified as “high-wage” or “low-wage.” Low-wage workers are those paid below the provincial/territorial median salary, while high-wage workers are those paid at or above the median wage. Certain specific provisions apply depending on the classification.
Regardless of the wage classification, all Canadian employers must demonstrate that they have attempted to find qualified Canadian citizens or permanent residents before hiring foreign workers. Additionally, after their employees begin working in Canada, government authorities may inspect employers to ensure compliance with regulations.
Contact Green Light Canada to consult with immigration experts and maximize the chances of getting your LMIA approved.
When hiring a temporary foreign worker in Canada, employers must know the various fees and requirements of obtaining an LMIA (Labour Market Impact Assessment).
To hire a temporary foreign worker in Canada, employers must pay a processing fee of 1,000 CAD for each LMIA application and a $100 privilege fee charged by Employment and Social Development Canada.
It is also crucial for employers to note that the languages that can be considered as job requirements, both for LMIAs and job vacancy advertisements, are limited to English and French unless the employer can provide sufficient proof that another language is necessary for the position.
Also, employers must confirm their awareness that they cannot lay off or reduce the hours of Canadian workers who hold the same positions as the company’s temporary foreign workers.
In addition to the above requirements, employers should be aware that they may be subject to inspection for compliance with government regulations after their employee has begun working in Canada. If an employer is selected for an inspection, or if they apply to renew their LMIA application, they will be required to report on the progress of the transition plan submitted with their original application.
Ready to take the leap and find your dream job in Canada? Fill out our application form and let Green Light Canada help make it happen! Our team of experienced professionals can assist you every step of the way, from filling out your application to connecting you with top employers. Contact us today, and let’s make your Canadian dream a reality!