- 778.714.2984
- [email protected]
- 609 W Hastings St 4th floor, Vancouver, BC V6B 4W4
An LMIA (Labour Market Impact Assessment) is a document issued by Employment and Social Development Canada (ESDC) that allows an employer to hire a foreign worker temporarily in Canada. The requirements for obtaining an LMIA depend on various factors such as the type of work being offered, the location of the job, and the specific circumstances of the employer and the prospective foreign worker.
Recruitment Efforts: Employers typically need to demonstrate that they have made efforts to recruit Canadians or permanent residents for the job and that no qualified Canadians or permanent residents were available to fill the position.
Wages and Working Conditions: The employer must offer wages and working conditions that meet or exceed the prevailing wage rates and labor standards for the occupation and location where the job is located.
Compliance with Laws: Employers must demonstrate compliance with all relevant federal, provincial, and territorial laws, regulations, and employment standards.
Business Legitimacy: Employers must provide evidence of their business legitimacy, including proof of business registration, tax documents, and any other relevant documentation.
LMIA Application Process: Employers must complete the LMIA application form and submit all required supporting documents, including a detailed job description, proof of recruitment efforts, and any other documents requested by ESDC.
Valid Job Offer: The foreign worker must have a valid job offer from a Canadian employer. This job offer is typically a prerequisite for applying for a work permit.
LMIA or LMIA Exemption: In most cases, the employer must obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) unless the job offer falls under one of the LMIA exemptions. If the job offer is exempt from the LMIA requirement, the employer will need to provide proof of exemption.
Work Permit Application: Once the employer has the necessary approval (either positive LMIA or proof of LMIA exemption), the foreign worker can apply for a work permit. The worker will need to submit a work permit application to Immigration, Refugees and Citizenship Canada (IRCC), along with supporting documents such as the job offer letter and LMIA confirmation or exemption documents.
Admissibility Requirements: The foreign worker must also meet admissibility requirements for entry into Canada, which may include passing medical examinations, security screenings, and proving ties to their home country to demonstrate their intention to leave Canada after their authorized stay.
Work Permit Duration and Conditions: The work permit issued will specify the duration of authorized stay in Canada and any specific conditions or restrictions associated with the employment.
Biometrics and Fees: Depending on the worker’s country of citizenship, they may need to provide biometrics (fingerprints and photograph) as part of the application process. Additionally, there are fees associated with the work permit application process that must be paid.
Work Permit Renewal: If the foreign worker wishes to continue working in Canada beyond the expiry date of their initial work permit, they may need to apply for a renewal. This process typically involves demonstrating continued employment with the same employer or obtaining a new job offer.
Temporary Resident Visa (if applicable): Depending on the worker’s country of citizenship, they may also need to obtain a temporary resident visa (visitor visa) in addition to the work permit.