LMIA Based Work Permit
What is a LMIA (Labour Market Impact Assessment)?
A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer must obtain before hiring a foreign worker. It is issued by the Employment and Social Development Canada (ESDC) and serves as evidence that there is a need for a foreign worker to fill the job positing and that no Canadian citizen or permanent resident is available to do the job.
The primary goal of the LMIA is to ensure that hiring a foreign worker will not negatively impact the Canadian labour market. It aims to protect Canadian jobs by verifying that there are no qualified Canadians or permanent residents available to fill the position.
What is the Process for an LMIA in Canada?
The LMIA process involves several key steps that employers and foreign workers must follow to ensure compliance with Canadian immigration and labour laws. The following is a breakdown of the relevant stages when hiring foreign workers.
Job Advertisement: Employers must advertise the job in various locations for at least four weeks to demonstrate their efforts to hire locally.
Application: The employer submits an LMIA application to ESDC, including details about the job offer, recruitment efforts, and the impact on the labour market.
Assessment: ESDC assesses the application based on factors such as the job’s genuineness, the wages and working conditions, the employer’s compliance history, and the potential benefits of hiring a foreign worker.
Decision: ESDC issues either a positive or negative LMIA. A positive LMIA allows the applicant to apply for an LMIA-based work permit. The foreign national will then take this LMIA approval letter and apply for the LMIA based work permit.
What Types of LMIAs are There?
There are several types of LMIAs tailored to different employment needs and circumstances in Canada. Here are the main types:
High-Wage Workers
For positions offering wages at or above the provincial or territorial median hourly wage. Requires detailed recruitment efforts and transition plans to reduce dependency on foreign workers.
Low-Wage Workers
For positions offering wages below the provincial or territorial median hourly wage. Employers must meet specific requirements regarding the number of low-wage workers they can hire and provide transportation, housing, and workplace safety.
Global Talent Stream
Designed to help Canadian employers attract highly skilled talent in certain in-demand occupations. Streamlined process with quicker processing times, aimed at supporting innovation and economic growth.
Permanent Residence Stream
For employers supporting the permanent residency applications of foreign workers through programs like the Express Entry system. Helps skilled workers transition to permanent residency in Canada.
Agricultural & Seasonal Worker Program (SAWP)
For employers needing temporary workers, from participating countries, during peak farming season. Includes specific agreements and guidelines for the employment of seasonal agricultural workers. Employers must meet requirements to housing, wages, and working conditions specific to agricultural work.
What is an LMIA-based work permit?
A Canadian LMIA-based work permit is a type of authorization issued to foreign workers by IRCC, based on a positive LMIA obtained by their prospective employer. This document confirms that the job offer meets specific criteria, including efforts to hire locally. It allows the foreign worker to legally work in Canada for the specified employer and under the conditions outlined in the LMIA.
How to apply for an LMIA-based work permit?
Applying for an LMIA-based work permit in Canada involves a structured process that requires coordination between the prospective employer, the foreign worker, and a potentially skilled LMIA lawyer. Here’s a comprehensive guide on how to navigate the process effectively.
1. Find an employer in Canada
Job Offer:
To apply for an LMIA-based work permit, you first need a job offer from a Canadian employer who is willing to support your application.
LMIA Requirement:
The employer must then apply for an LMIA from ESDC. This process involves demonstrating to hire locally and showing that hiring a foreign worker will not negatively impact the Canadian job market.
2. LMIA Application Process
Employer’s Role:
The employer prepares and submits the LMIA application to ESDC, detailing the job offer, recruitment efforts, and reasons why a foreign worker is needed.
LMIA Approval:
If ESDC approves the application, the employer receives a positive LMIA, indicating that hiring a foreign worker is justified based on labour market needs.
3. Submit LMIA-based Work Permit
Documentation:
With the positive LMIA and a detailed job offer from the employer, the foreign worker can apply for a work permit from IRCC. When applying for a work permit, a foreign worker will need to provide a completed application form & application fee, valid passport, proof of qualifications, job Offer letter, positive LMIA, proof of English/French language proficiency (depending on the job requirements), additional documents: depending on your specific situation, you may also need a medical examination, police certificates, biometrics and any other additional documents requested by IRCC during the application process. It is also important to check your visa office’s instructions, dependent on where you are applying from.
Application submission:
Applicants must submit their application online. However, there are some exceptions.
Processing by IRCC:
IRCC reviews the application, conducts eligibility checks (such as health and security clearances), and assesses whether the job offer and LMIA comply with Canadian immigration regulations.
4. Approval and Entry into Canada
You will be issued a work permit upon arrival in Canada, IRCC issues the work permit to the foreign worker, specifying the terms and duration based on the LMIA and job offer. The foreign worker presents the work permit approval at a Canadian port of entry, where a border services officer issues the actual work permit document.
LMIA Issues and Solutions
When preparing LMIA applications there are common issues that may arise, such as insufficient documentation, misunderstanding eligibility criteria, medium vs prevailing wage requirements, and not adhering to advertising requirements. Employers often face delays or rejections because they fail to provide comprehensive evidence that no Canadian or Permanent residence worker is available for the job. To overcome these hurdles, it's crucial to thoroughly understand LMIA requirements, meticulously prepare all necessary documents, and ensure that job advertisements meet the stipulated guidelines. By addressing these common issues proactively, employers can significantly improve their chances of obtaining a positive LMIA, enabling them to hire foreign workers efficiently and legally.
LMIA-exempt work permits
LMIA-exempt work permits in Canada allow employers to hire foreign workers without the need for a LMIA. These exemptions are designed to facilitate the entry of foreign workers in specific categories where their presence is deemed beneficial to Canada’s economic, cultural, or social interests.
International Agreements:
NAFTA (North American Free Trade Agreement): Now part of the USMCA (United States-Mexico-Canada Agreement), this allows for easier mobility of professionals, intra-company transferees, and traders and investors between member countries.
CETA (Comprehensive Economic and Trade Agreement): Facilitates the entry of business visitors, investors, and intra-company transferees from EU countries.
GATS (General Agreement on Trade in Services): Permits entry for service suppliers and business visitors from WTO member countries.
Intra-Company Transferees:
Allows multinational companies to transfer employees to Canada without an LMIA if they have specialized knowledge or are in a managerial position. This helps global companies streamline their operations and bring key employees to their Canadian branches.
International Mobility Program (IMP):
Significant Benefit: For individuals whose work in Canada is deemed to provide significant cultural, social, or economic benefits to the country.
Reciprocity Agreements: Where countries agree to mutually benefit each other’s citizens in terms of work opportunities (e.g., exchange programs for youth).
Canadian Interests:
Post-Graduation Work Permit (PGWP): For international students who have graduated from a Canadian post-secondary institution, allowing them to gain work experience in Canada.
Bridging Open Work Permit (BOWP): For foreign nationals already in Canada who have applied for permanent residence and need a work permit to bridge the gap while their application is processed.
Spouse/Common-Law Partner: Allows spouses or common-law partners of temporary foreign workers and international students to work in Canada.
Charitable and Religious Work: Foreign workers coming to Canada to perform charitable or religious work can be exempt from the LMIA requirement, recognizing the non-profit nature and community benefits of their work.
These LMIA exemptions are put in place to facilitate the movement of workers where their contribution is seen as beneficial to Canada, either through international agreements, significant benefits to the country, or reciprocal arrangements that promote mutual benefits for Canadian and foreign workers.
Why you should hire AKM Law as your LMIA Lawyers
At AKM Law, we understand the complexities of navigating the LMIA work permit process in Canada. Our team of experienced immigration lawyers is dedicated to guiding both employers and foreign workers through every step of obtaining a positive LMIA and securing a work permit. Whether you are an employer seeking to hire skilled intentional talent or a foreign national looking to work in Canada, we provide tailored legal solutions to ensure compliance with immigration regulations and maximize your chances of success. Contact us today to learn how we can assist you in achieving your employment goals in Canada efficiently and effectively.
