What is LMIA application?

LMIA application is an official process of hiring a foreign worker for a Canadian organization. The foreign worker must first receive government approval before the hiring process takes place which is known as Labour Market Impact Assessment (LMIA).

A positive LMIA is sometimes also referred to as a confirmation letter. Below, you will find out if you need a Labour Market Impact Assessment (LMIA), and how to hire workers through the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP).

How to apply for LMIA for a foreign worker as an employer?

There are 2 options to submit an LMIA application. Here is the step-by-step process :

Option 1: Apply via the LMIA Online portal

Employers and third parties (if any) must have active Job Bank user accounts for verification in order to access LMIA Online. The Canadian Government encourages employers to complete the one-time registration in Job Bank for Employers if they haven’t already. They can do it by using this link below and then selecting the “Don’t have an account? Click here to sign up now. It will take about 10 minutes to complete the registration process. Following the creation of your Job Bank account(s), you will be able to submit an LMIA application using the LMIA Online Portal.

Option 2: Apply on the LMIA Application Forms

By using the forms provided below, employers must complete this step-by-step checklist to make sure all necessary documents are supplied; otherwise, the application processing time will be delayed.

Fill out, sign (if necessary), and send the following documentation:

• Application for LMIA (EMP5593)
• Schedule D – Job Offer in Skilled Trades – Employer #2 (EMP5595) (if applicable)
• Proof of a company’s authenticity
• Proof of advertising (for example a copy of the advertisement and information to support where, when and for how long the position was advertised)

Where to send the LMIA application?

Employers must submit all necessary documentation to the Service Canada Centre in charge of processing applications for skilled workers. Companies who have had trouble finding qualified candidates for key roles within their company for months or even years may often turn to hire from outside their country. Because of this, the decision to apply for an LMIA is not a sudden one.

The government encourages firms to use LMIAs as a last resort. A successful LMIA can only be achieved if you, as an employer, believe that this procedure is the only way to meet your employment needs. Below you will see how to submit an LMIA application step by step.

LMIA application process in Canada for 2022

Below you will find detailed information on the LMIA process:

1. The employer applies for Labour Market Impact Assessment, if necessary

Before a Temporary Work Permit can be issued, the Canadian employer who hires a  temporary foreign worker will need to apply for a positive Labour Market Impact Assessment (LMIA) by ESDC. Accordingly, ESDC grants a positive LMIA if the Canadian employer satisfies it that there is no Canadian citizen or permanent resident available to do the job.

2. Employer extends Temporary Job Offer

After obtaining LMIA, the Canadian employer can provide a temporary job offer to the foreign worker. The employer must then send a copy of the positive LMIA along with a detailed job offer letter.

3. Foreign Worker applies for Work Permit

With these documents, the candidate can apply to ESDC for a Canada Temporary Work Permit. If the Canadian employer that is hiring is in the province of Quebec, the foreign worker may also need to obtain a Certificat d’acceptation du Québec (CAQ) to work temporarily in Quebec. There are several professions in Quebec that are ‘facilitated’ and eligible for streamlined processing. Employers do not need to perform local requirement efforts as part of their applications for these positions in Quebec.

3. Foreign worker gets a Work Permit

A Canada Border Services Agency (CBSA) officer will issue the Canada Temporary Work Permit at the point of entry when the foreign worker arrives in Canada. Generally, when an employer receives a negative LMIA it means that Canadian individuals should be positioned in that job offer. Although, in general, you need to have a positive LMIA to hire a foreign national, in some cases LMIA exemption frees employers from the need to obtain one.

Note: the procedure, which is named Labour Market Impact Assessment (LMIA application) – formerly known as a Labour Market Opinion (LMO) – is different, depending on whether the targeted employee is classified as “high-wage” or “low-wage” the LMIA application process is different.

Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, certain specific provisions apply.

All Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. Also, employers may be inspected for compliance with government regulations after their employee has begun working in Canada.

LMIA application must be submitted by an employer aiming to hire a foreign worker, and approved by the Canadian Government before the hiring can take place.

LMIA application requirements

In a limited number of situations Canadian immigration officials may issue Work Permits without the LMIA application eligibility, as follows:

• Under international agreements, such as the North American Free Trade Agreement (NAFTA);
• Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
• As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
• So that international students studying in Canada can fulfil academic requirements, known as co-op placements;
• To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;
• Because the nature of the work is charitable or religious;
• In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.

LMIA application requirements for employers in Ontario

LMIA requirements are as follows:

Employer eligibility for LMIA will be decided by a stream in all other cases. To obtain an LMIA for permanent residency, an employer must have been in business for at least one year. Employers must meet the following criteria to be eligible for LMIA coverage for all other types of businesses:

• Has a legitimate business.
• Provides goods or services to the public.
• Can pay a salary to a foreign worker.
• Has a genuine need for a foreign worker.
• Has not laid-off employees in the 12 months preceding application.

LMIA application fee

Employers aiming to hire a temporary foreign worker to Canada must pay a processing fee of 1,000 CAD for each request for an LMIA application. There is also an additional $100 privilege fee on employers charged by Employment and Social Development Canada. English and French are the only languages that can be determined as job requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that another language is otherwise required for the position.

Additionally, employers must advertise all job vacancies across the Canadian job market for at least four weeks before applying for an LMIA. Towards this end, employers are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canada Job Bank. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as First Nations or persons with disabilities.

Employers are also required to submit a transition plan to ESDC, along with the LMIA application, for high-wage positions. This transition plan should indicate how the company plans to reduce its reliance on temporary foreign workers in the future.

Proof of investment in skills training or hiring Canadian apprentices are examples of how employers can prove this. Alternatively, employers can demonstrate how they are assisting their high-skilled temporary foreign worker(s) in becoming Canadian permanent residents. If the employer is chosen 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 that they have submitted.

Employers are required to attest to their awareness that they are prohibited from laying off or cutting the hours of Canadian workers working in the same position(s) as the temporary foreign worker(s) working at the company.

How to get a positive LMIA?

To receive a positive LMIA, the Canadian government officer reviewing the LMIA application must determine that the hiring process will result in a positive or neutral effect on the Canadian labour market. Among other factors, it must be clear that no qualified Canadians were passed up in favor of the foreign worker, and that the latter will be given a salary and benefits that meet federal and provincial standards.

High-Wage Workers

To hire high-wage workers, employers must submit transition plans along with their LMIA application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. High-wage workers are those earning above the median hourly wage for a given occupation in a specified region.

The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs temporarily when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.

Province/Territory	Wage ($/hr) as of April 1, 2019
Alberta	$26.67
British Columbia	$23.98
Manitoba	$21.00
New Brunswick	$20.00
Newfoundland and Labrador	$22.00
Northwest Territories	$34.00
Nova Scotia	$20.00
Nunavut	$30.00
Ontario	$23.08
Prince Edward Island	$19.49
Quebec	$22.00
Saskatchewan	$24.52
Yukon	$30.00

Low-Wage Workers

Employers aiming to hire low-wage workers do not need to submit transition plans with their LMIA applications. However, they must follow a different set of guidelines.

To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ.

Furthermore, certain low-wage occupations may be refused for LMIA application processing. Employers with 10 or more employees applying for a new LMIA application are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers.

Employers offering a wage that is below the provincial/territorial median hourly wage must:

• pay for round-trip transportation for the temporary foreign worker;
• ensure affordable housing is available;
• pay for private health insurance until workers are eligible for provincial health coverage;
• register the temporary foreign worker with the provincial/territorial workplace safety board; and
• provide an employer-employee contract.

As of April 30, 2015, the TFWP uses the latest Labour Force Survey results for the unemployment rates in regions across Canada.

These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower-skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector. LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 percent or higher.

LMIA exemptions

A scenario in which a Canadian company does not need to get an LMIA to hire a temporary foreign worker is referred to as an LMIA exemption. ESDC, in collaboration with Immigration, Refugees and Citizenship Canada (IRCC), maintains a list of LMIA exemptions arranged by immigration programs.

In a limited number of situations Canadian immigration officials may issue Work Permits without the LMIA application requirement, as follows:

• Under international agreements, such as the North American Free Trade Agreement (NAFTA);
• Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
• As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
• So that international students studying in Canada can fulfil academic requirements, known as co-op placements;
• To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;
• Because the nature of the work is charitable or religious;

In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.

LMIA business legitimacy

Together with their Labour Market Impact Assessment application, all employers applying for the Temporary Foreign Worker Program (TFWP) must provide documentation. This will prove that their company and job offers are genuine. Please see the following link for more information.

Exception to LMIA

A Canadian employer must receive a positive Labour Market Impact Assessment (LMIA) to bring a temporary foreign worker to Canada. However, there are several cases, where the LMIA may be waived.

Below are the most common LMIA-exempt streams:

• Intra-Company Transfer
• Significant benefit
• Reciprocal employment
• Charitable and religious worker

Being exempt from obtaining an LMIA does not mean the applicant is exempt from obtaining a work permit. All streams on the LMIA exemption list require obtaining a work permit to work in Canada legally.

Are you a Canadian Employer who needs to obtain Work Permits for new employees?

Canadapt Consulting takes care of the entire Work Permit process for both Canadian employers and foreign workers. Please be informed that Canada Temporary Work Permit is for those foreign workers who plan on working in Canada for a finite period.

A Temporary Work Permit is a stepping stone to Canadian permanent residency. To be able to work and live in Canada permanently, foreign workers must undertake the Canadian immigration process.

Once in Canada on a Temporary Work Permit, a foreign worker may qualify for Canadian immigration (permanent residence) under the Canadian Experience Class (CEC), through a Skilled Worker category, or one of the Provincial Nominee Programs.

Do you have a Canadian job offer and need a Work Permit?

In most cases, individuals with a valid job offer from a Canadian employer must secure a Temporary Work Permit to perform work in Canada. A Temporary Work Permit may be issued for a period ranging from a few days to a few years. In almost all cases, the process of applying for a Work Permit is twofold.

First, the Canadian employer must receive government permission to hire outside of Canada. After this permission has been granted, the designated employee must apply for and receive his or her Work Permit.

The granted Work Permit for the specific job in Canada will be tied to that job only. However, if an employee finds different employment and does not yet have permanent resident status, he or she must apply for a Work Permit before performing another job in Canada.

There are several different ways of securing a Work Permit in Canada. Depending on one’s nationality, occupation, and intended work in Canada, there may be possibilities for expediting the process.

Feel free to contact us and find out the best immigration options for you. As a professional immigration consultant, Canada Consulting has successfully helped thousands of clients in their recruitment efforts.