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Labour Market Impact Assessments (LMIA)
A Labour Market Impact Assessment (LMIA) is a document issued by ESDC assessing the impact hiring a foreign worker will have on the Canadian labour market. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national.
A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident. Learn more about Labour Market Impact Assessments, including requirements and application procedures.
LMIA Application Requirements
LMIA applications are submitted in hard copy, by mail, to the appropriate Service Canada Processing Centre. Applications must include evidence that the following criteria have been met:
- Processing Fee: All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.
- Business Legitimacy Documents: Documents proving that the employer’s status as a legitimate Canadian business.
- Transition Plan: Employers must submit a plan for how they intend to address the need to hire foreign nationals. Eventually, employers are expected to hire Canadian citizens and permanent residents rather than TFWs.
- Recruitment Efforts: Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.
- Wages: Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.
- Workplace Safety: TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.
What Happens After LMIA Is Approved
After an LMIA application has been processed, employers will be issued a decision. If the employer is issued a positive LMIA, they can proceed with hiring a foreign national. If a negative LMIA is issued then unfortunately the employer is not approved to hire a foreign national.
Positive LMIAs are valid for 6 months from the date of issue. After receiving a positive LMIA, the employer must notify the foreign national so that they can apply for their work permit or permanent residence. In certain conditions, employers may apply to have their LMIA application processed in 10 days. To qualify for expedited processing, an employer must be located outside of Quebec and meet one of the following requirements:
Temporary Foreign Worker Program (TFWP)
- High-Wage Workers
- Low-Wage Workers
- Global Talent Stream
- Foreign Agricultural Workers
- In-Home Caregivers
- Foreign Academics
Any employer wishing to hire a foreign national through TFWP must first obtain an LMIA demonstrating that they were unable to find a Canadian citizen or permanent resident to fill the position. Only after obtaining an LMIA will an employer be able to officially hire a foreign national, enabling the foreign national, in turn, to apply for a Canadian work permit or Canadian permanent residence.
There do exist a number of temporary worker options which allow employers to hire workers without requiring an LMIA. These options are organized within the International Mobility Program which is designed to process LMIA-exempt work permit applications.
Post-Graduation Work Permit (PGWP)
- If you have a PGWP, you can work anywhere in Canada, for any Canadian employer, in any industry.
- A PGWP is an excellent way to practically apply what you have learned at a post-secondary college/university.
- It is an open work permit that does not require a job offer in order to meet the requirements.
Note: You can get PGWPs only once. If you have previously had a PGWP, you are not eligible to apply for another one or extend the existing one.
PGWP Quick Facts
- A post-graduation work permit can be valid for any length of time between eight months and three years.
- A PGWP will not be issued for a duration longer than the applicant’s duration of study in Canada.
- Generally, the PGWP will be approximately the same duration as the applicant’s period of study, up to a maximum of three years.
- As long as more than 50% of your program of study is conducted via in-person classes, you are eligible for a PGWP equal to the duration of your program of study.
- If you studied part-time, or did accelerated studies, the length of your PGWP will be the length of your program of study, if taken full-time.
Spouse Open Work Permit
Canada is a home to some highly reputable universities and colleges that attract students from all over the world. Canada welcomes thousands of students every year to pursue their dream and all the international students in Canada experience the full benefits of studying in the country such as job opportunities, the possibility of obtaining permanent residence status as well as eventual citizenship.
However, it is observed that married students are able to focus better on their studies while their spouse is with them. So, the main focus of the Canadian government has always been to reunite families.
Spousal Work permit Pilot Program allows spouses or common-law partners of work permit holders to work in Canada. You may be eligible for an open work permit if you’re:
- A spouse of a skilled worker in an occupation under the National Occupational Classification (NOC)skill type 0, A or B approved to work in Canada six months or longer
- A spouse of someone applying for the Atlantic Immigration Pilot Program in a job under NOC 0, A, B or C
- A spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec
- A family member of a foreign representative, or
- A family member of a foreign military member who is working in Canada
- A letter from your spouse’s current employer that confirms they work there in a NOC0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
- A copy of your spouse’s recent pay slips
Co-Op Work Permit
- You have a valid study permit
- Work is required to complete your study program in Canada
- You have a letter from your school that confirms all students in your program need to complete work placements to get their degree, and
- Your co-op placement or internship totals 50% or less of your study program
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