Obtaining an LMIA is a crucial step in hiring temporary foreign workers in Canada. An LMIA is a document issued by Employment and Social Development Canada (ESDC) that allows Canadian employers to hire foreign workers when no Canadian citizen or permanent resident is available for the job. If you're considering working in Canada, it's essential to understand the process of obtaining an LMIA. In this blog post, we'll outline the five basic steps to help you navigate this important process.
Step 1: The Employer Determines Whether a Positive Labour Market Impact Assessment (LMIA) is Required from Employment and Social Development Canada (ESDC)
Most employers need an LMIA before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA. An LMIA confirms there is a need for a temporary foreign worker and that no Canadians or permanent residents are available to do the job. To see if you and the temporary foreign worker you want to hire are exempt from needing an LMIA or work permit, do one of the following:
review the LMIA exemption codes and work permit exemptions.
select the LMIA exemption or work permit code that seems most relevant to your hiring situation and read the detailed description
If an exemption code applies to you, you’ll need to include it in your offer of employment.
Step 2: Employer Complies with Recruitment Requirements
The Canadian employer must demonstrate that they've genuinely tried to recruit Canadian workers. This may involve advertising the job vacancy, conducting interviews, and following the specific recruitment requirements set by ESDC. The employer should also be prepared to provide documentation and evidence of their efforts, as this is a critical part of the LMIA process.
Step 3: Employer Applies for an LMIA
Once an offer of employment has been made (also known as a valid job offer), the Canadian employer must apply for an LMIA. This involves providing detailed information about the job, including its description, location, salary, and the steps they've taken to recruit Canadian workers. The employer must also pay the associated application fee. The processing times for an LMIA application can vary, so it's important to plan ahead.
Step 4: Receive a Positive LMIA
A positive LMIA indicates that ESDC has approved the job offer, finding that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. Once a Positive LMIA has been issued, the employer should provide a copy of the approved LMIA to each temporary foreign worker and tell each of them to apply for a work permit. It is important to note that not all job offers result in a positive LMIA, as ESDC must be convinced that hiring a temporary foreign worker will have a positive or neutral effect on the Canadian Job Market.
Step 5: Apply for a Work Permit
This involves completing the appropriate work permit application from Immigration, Refugees, and Citizenship Canada (IRCC). The temporary foreign worker will be required to provide their valid job offer, positive LMIA and meet other eligibility requirements. The processing time for work permit applications may vary, so we encourage employers to inform the temporary foreign worker(s) to submit their application well in advance of the intended job start date.
Keep in mind that the LMIA process can be complex and time-consuming, so careful planning and attention to detail are key to success.
If you are an employer in Canada, we can help you fill your labor shortage. InfoPlace Canada offers services where we provide guidance and assistance to business owners who are interested in applying for an LMIA in order to hire foreign workers. If you are a worker with a job offer and need assistance with your work permit application, please do not hesitate to contact us via email at Ask@infoplacecanada.ca .
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