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LMIA Work Permits

A Labor Market Impact Assessment (LMIA) is an archive given by Employment and Social Development Canada (ESDC) surveying the effect of recruiting an unfamiliar public in Canada. A positive LMIA shows that there is no Canadian resident or long-lasting occupant to fill a position, hence empowering a business to employ an outside public. A negative LMIA shows that a position ought to be filled by a Canadian resident or long-lasting occupant.

LMIA Application

Middle Hourly Wages by Province or Territory

Exclusions to LMIA Requirements

Worked with LMIA (Quebec)

Get everything rolling

An unfamiliar public can’t matter for a LMIA. Rather, LMIAs are reports which should be applied for by a Canadian boss. While some of the time it is feasible to recruit an unfamiliar laborer who is absolved from requiring a LMIA, or who is excluded from requiring a work license, all floods of Canada’s Temporary Foreign Worker Program (TFWP) necessitate that a business get a LMIA to enlist outside of Canada. Also, a significant number of Canada’s movement pathways to super durable residency necessitate that candidates show a positive LMIA to guarantee focuses for a Canadian proposition for employment.

LMIA Application

A business might present an application for a LMIA as ahead of schedule as a half year before the planned beginning date for the position. LMIA application methods fluctuate contingent upon the compensation of the individual being recruited. Managers ought to counsel the middle time-based compensations of their area or domain to decide if their position is viewed as high-pay or low-wage, as low-wage positions will require the business to meet extra measures. There are specific streams for businesses wishing to acquire LMIAs for specific spaces of work. These include:

Employing In-Home Caregivers

Recruiting Agricultural Workers

Recruiting Foreign Academics

Recruiting inside the region of Quebec

LMIA Application Requirements

LMIA applications are submitted in printed version, via mail, to the fitting Service Canada Processing Center. Applications should incorporate proof that the accompanying rules have been met:

Handling Fee: All applications for LMIAs incorporate a $1000 CAD handling expense which won’t be discounted regardless of whether the outcome is negative. Certain candidates under the LMIAs for in-home guardians might be absolved from this expense.

Business Legitimacy Documents: Documents demonstrating that the business’ status as an authentic Canadian business.

Progress Plan: Employers should present an arrangement for how they expect to address the need to recruit unfamiliar nationals. At last, bosses are relied upon to employ Canadian residents and extremely durable occupants rather than TFWs.

Enrollment Efforts: Employers should submit proof that they put forth generous attempts to enlist Canadian residents and super durable occupants to fill the situation preceding recruiting a TFW.

Compensation: Applications should incorporate data with respect to the TFWs compensation. This will separate the high-wage positions from low-wage positions and guarantee that TFWs are paid similar sum for work as their Canadian equivalents.

Work environment Safety: TFWs are qualified for similar guidelines of working environment wellbeing and security as Canadians similarly situated. Thus, bosses should give proof that TFWs will be covered by protection which is at least comparable to the wellbeing inclusion presented by the region or domain where the business is found.

It may feel daunting to begin the search for employment in Canada. Thankfully, there are many resources for those seeking an official job offer from a Canadian employer. When beginning the job hunt, we recommend making use of Sure Shot job hunt resources, listed below. Be sure to take the time to prepare your resume and tailor your social media presence before sending out any applications!

Certain positions in Canada may require a person to know their National Occupation Classification Code (NOC Code). This code is used to classify all types of employment by Canadian standards. Sure Shot has put together a tool to assist with finding your NOC Code as well.

Benefits of working in Canada

Working in Canada has many benefits. Canadian labour laws ensure that workplaces have a high-degree of safety and that all employers follow certain laws and regulations to ensure the well being of their employees. As well, Canadian wages are competitive and foreign nationals are required, by law, to be offered wages equivalent to their Canadian counterparts.

Finally, some Canadian work permits enable the spouse and children of workers to accompany them to Canada. Another significant benefit for those interested in immigrating to Canada permanently is that by gaining Canadian work experience, a foreign national may increase their eligibility for a number of Canadian permanent residency programs. The following programs award value, in varying degrees, for Canadian work experience:

  • Express Entry
    • Canadian Experience Class (CEC)
    • Federal Skilled Worker (FSW)
    • Federal Skilled Trades (FST)
  • Provincial Nominee Programs (PNPs)
  • Quebec Immigration Programs
  • Atlantic Immigration Pilot Program

Types of Canadian work permits

There are many different options for obtaining a Canadian work permit. Some work permits require a job offer from a Canadian employer, some require that the employer provide a Labour Market Impact Assessment (LMIA), while others require that a person has some sort of connection to Canada (previous education, spousal sponsorship, etc.). Please refer to the categories below to determine the work permit which best suits your qualifications:   Requiring a Labour Market Impact Assessment (LMIA)

  • Temporary Foreign Worker Program (TFWP)
    • LMIA Work Permits
    • Facilitated LMIA (Quebec)
    • Global Talent Stream
LMIA-Exempt but requiring a job offer or employment contract
  • International Mobility Program (IMP)
    • LMIA-Exempt Work Permits
    • NAFTA Work Permits
    • CETA Work Permits
    • Intra-Company Transfers
Open Work Permits (no job offer or LMIA required)
  • Post-Graduation Work Permits (PGWP)
  • Spousal Sponsorship from Inside of Canada
  • International Experience Canada (IEC)
  • Bridging Open Work Permit (BOWP)
  • Spouse Accompanying International Student

Immigration Tip: Canadian permanent residents do not require a work permit to work in Canada. Permanent resident status gives a person the legal right to live and work anywhere in the country. Find out more about permanent immigration options for professional and skilled workers.

How to obtain a Canadian work permit

The process for obtaining a Canadian work permit varies greatly depending on which type of work permit a person is applying. For example, an international student studying in Canada will oftentimes be automatically issued authorization to work part-time as part of their study permit authorization.

Most closed work permit applications require that a foreign national has an official job offer from a Canadian employer which is supported by a Labour Market Impact Assessment (LMIA). Even those who are LMIA-exempt or exempt from requiring a work permit should be aware of the unique documentation they need to prepare in order to ensure they are granted entry to Canada. There are two general pathways for obtaining a Canadian work permit: a closed work permit and an open work permit.

Closed work permits are tied to specific employers, this means that a foreign national issued a closed work permit must remain working with the same employer at the same location unless they change their work permit.

If I have a Canadian job offer, am I eligible to apply for a work permit?

Not necessarily. A job offer must meet certain requirements in order to be considered valid for certain work permit applications. In most cases, in order to be eligible for a work permit, an applicant’s job offer must be either:

  1. Supported by a positive Labour Market Impact Assessment (LMIA); or
  2. Exempt from requiring an LMIA.

It should be noted that the province of Quebec has its own process for determining the validity of an offer of employment.

How do I apply for a work permit?

The application procedure is different depending on which type of work permit you need. The first step is determining which work permit is best for you. If you need help figuring out the application, simply contact us and a member of our team will assist you with scheduling a consultation.

How long will it take to process my work permit application?

The processing time for a work permit application depends on the type of work permit and the applicant’s country of residence at the time of application. Processing times range anywhere from a few weeks to several months.

How long will it take to process my LMIA application?

There are two types of Labour Market Impact Assessment (LMIA) applications: a regular LMIA and a simplified LMIA. The simplified LMIA is only available in the province of Quebec. The regular LMIA is processed on a case-by-case basis with processing times varying greatly from applicant to applicant. Generally, it takes a minimum of five months to receive a response on a regular LMIA application.

If an employer is eligible for Canada’s Global Talent Stream, they may qualify for expedited LMIA processing. The simplified LMIA completed for Quebec employment is usually processed in approximately two to three months.

What is the rate of success for work permit/LMIA applications?

It is impossible to give a rate of success for work permit/LMIA applications, as all applications are processed on a case-by-case basis. If an applicant meets the requirements of the LMIA, their application should be approved. However, applications are assessed by individual officers, each exercising their own discretion in choosing whether or not to approve a work permit application.

 

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