LABOUR MARKET
IMPACT ASSESSMENT
YOUR GUIDE TO NAVIGATING THE LMIA PROCESS FOR HIRING FOREIGN WORKERS
A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer may need before hiring a foreign worker.
A positive LMIA indicates that there is a demand for a foreign worker to fill the position and confirms that no Canadian citizen or permanent resident is available to perform the job. This positive LMIA is sometimes referred to as a confirmation letter.
What Are the Requirements for Applying for an LMIA and Work Permit?
If an LMIA is required, the employer must submit an application to obtain it. Once the LMIA is approved, the foreign worker can then apply for a work permit.
To apply for a work permit, the worker will need:
A job offer letter
An employment contract
A copy of the LMIA
The LMIA number
When Does An Employer Need an LMIA
Most employers need an LMIA before they can hire a temporary foreign worker. Before starting the hiring process, employers must determine if they need an LMIA.
An LMIA confirms:
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There is a need for a temporary foreign worker.
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No Canadians or permanent residents are available to do the job.
To determine if you and the temporary foreign worker you wish to hire are exempt from needing an LMIA or work permit, choose one of the following options:
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Review the LMIA exemption codes and work permit exemptions
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Select the LMIA exemption or work permit code that seems most relevant to your hiring situation.
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If an exemption code applies to you, you’ll need to include it in your offer of employment.
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HOW TO GET A LMIA
The LMIA application process depends on the type of program employers are hiring through.
An employer can apply for LMIA under:
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High-wage workers
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Low-wage workers
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Workers through the Seasonal Agricultural Worker Program
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Workers through the Agricultural Stream
Hire A Temporary Foreign Worker Under High Wage Position
Starting April 4, 2022, employers submitting an LMIA application for a high-wage position may request an employment duration of up to 3 years. This duration should reflect the employer’s reasonable employment needs. In certain exceptional cases, a longer duration may be granted if the employer provides sufficient justification.
Before You Apply
Before an employer applies for LMIA, it is advisable to review the following checklist:
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Determine if you need an LMIA
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Determine if your application cannot be processed due to specific conditions or circumstances.
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Make sure you know about the program requirements for high-wage positions
Gather or fill out documents to support your business legitimacy assessment and your LMIA application, such as:
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Your most recent business license
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Your most recent Canada Revenue Agency (CRA) tax documents
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Your recruitment and advertisement documents
Hire A Temporary Foreign Worker Under Low Wage Position
The Temporary Foreign Worker Program (TFWP) is intended to be used when an employer is facing short-term skills and labour shortages, and allows employers to hire TFWs for a maximum of 1 year when no Canadians and permanent residents are available. The employment duration must align with the employer's reasonable employment needs.
Before You Apply
Before applying for an LMIA under low wage position, and employer must review the following Checklist:
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Determine if you need an LMIA
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Determine if your application cannot be processed due to specific conditions or circumstances.
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Make sure you know about the program requirements for low-wage positions
Gather or fill out documents to support your business legitimacy assessment and your LMIA application, such as:
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Your most recent business license
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Your most recent Canada Revenue Agency (CRA) tax documents
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Your recruitment and advertisement documents
Hire Workers Under Agricultural Stream Or Seasonal Agricultural Worker Program
Before You Apply
Before applying for workers under Agricultural Stream or Seasonal Agricultural Worker Program. It is advisable for the employer to check the following details.
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Determine if you need a Labour Market Impact Assessment (LMIA)
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Determine if your application cannot be processed due to specific condition or circumstances
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Make sure you know about the program requirements for agricultural positions or for the Seasonal Agricultural Worker Program positions
Gather or fill out documents to support your business legitimacy assessment and your LMIA application, such as:
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Your most recent business license
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Your most recent Canada Revenue Agency (CRA) tax documents
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Your recruitment and advertisement documents
How To Hire If You Need An LMIA
The Temporary Foreign Worker Program (TFWP) allows an employer to hire temporary foreign workers to fill labour and skill shortages. Once an LMIA has been issued to the employer, they should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit.
How To Hire If You Don't Need An LMIA
The International Mobility Program lets the employers hire temporary foreign workers without an LMIA. Employer must check the LMIA exemption code that matches their respective job posting.
If an employer plans to hire a temporary foreign worker through the International Mobility Program, they need to
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Pay an employer compliance fee
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Submit an offer of employment form through the Employer Portal
Francophone Mobility For Temporary Foreign Workers Outside Of Quebec
Under the IMP, Francophone Mobility offers an exemption from the LMIA for the hiring of Francophone or bilingual temporary foreign workers outside Quebec. Francophone Mobility offers many benefits to employers such as the ability to offer services in both French and English, while developing minority language communities across the country.
To know more about the Francophone Mobility Program (FMP), consult our expert team (Provide Contact us Link here)
Hiring In The Province Of Quebec
If you’re an employer in Quebec and are hiring through the TFWP, the temporary foreign worker will need an attestation of issuance of a Quebec Acceptance Certificate (CAQ) from the Quebec ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) before a work permit can be issued.
