While some foreign employees are exempt from the Labour Market Impact Assessment (LMIA), others must get one to work in Canada. What is the Labour Market Impact Assessment(LMIA)?
Some Canadian employers require an LMIA before employing a temporary foreign worker. Foreign nationals cannot apply for a work permit without obtaining this paperwork. It confirms if the entry of a foreign worker will benefit or negatively impact the Canadian labour market.
Note: LMIA-exempt jobs do not require this document for an employer to support a foreign national’s work permit application.
Click here for more general information about LMIAs.
Many foreign nationals seeking employment in Canada may be attempting to expedite their immigration process in light of the recent declaration made by Immigration, Refugees and Citizenship Canada (IRCC) that the number of temporary residents in Canada will be reduced over the course of the next three years.
What is an LMIA?
In addition to what was previously mentioned, LMIAs are paperwork verifying the employer’s ability to hire a foreign worker once authorized.
Note: A confirmation letter is another term for a positive LMIA.
How do I know if I need an LMIA?
Employers typically need an LMIA to hire foreign workers unless they qualify for an exemption. Exemptions from and requirements under the LMIA are dependent on several circumstances. Further information regarding LMIA exemptions and requirements can be found here.
Why do I need another LMIA to extend my work permit?
A foreign national must confirm the validity of their LMIA before applying for a work visa in Canada. Put another way, a foreign worker’s LMIA must still be valid at the time they apply for a work permit even though a work permit may be granted for a longer duration than the LMIA itself.
Before an employee can apply for a new work permit or an extension of their current one, their employer must obtain a new LMIA if the foreign worker’s first work permit expires and they wish to continue working in Canada.
Furthermore, it is crucial for employers to be aware that Employment and Social Development Canada (ESDC) will start the evaluation procedure anew and handle the case as if it were a new application when they submit an application for a new LMIA. If necessary, EDSC will be able to verify that no Canadian citizens or permanent residents are still available to fill the role of temporary foreign worker as part of this new application.
Do I need an LMIA to work in Canada as an entrepreneur?
Entrepreneurs do not require an LMIA to apply for a work permit in Canada. However, foreign nationals coming to work in Canada as entrepreneurs must prove that the business they intend to operate in Canada will either:
- Create or maintain significant social/cultural/economic benefits
- Maintain or create jobs for Canadian citizens or permanent residents
How can an LMIA help me obtain more CRS points as an Express Entry applicant?
While candidates under the Canadian Experience Class (CEC) are not required to have an LMIA in order to be qualified for this economic immigration program, it could nevertheless be advantageous for them and for all other Express Entry candidates, in general, to get an LMIA from their employer.
The candidate will be eligible to receive additional Comprehensive Ranking System (CRS) points as an Express Entry applicant if they have a legitimate employment offer backed by an LMIA.
As a result, candidates who receive an LMIA may have a higher probability of being invited to apply (ITA) for permanent residence in Canada from the IRCC.
Recent IRCC news about LMIAs
On March 21, Employment Minister Randy Boissonnault and Immigration Minister Marc Miller jointly announced a number of modifications to Canada’s Temporary Foreign Worker Program (TFWP).
The two ministers declared that one of the modifications would be a restoration to the pre-pandemic standard of six months for each LMIA’s validity period. The date of this modification was May 1, 2024.
During the COVID-19 epidemic, Canada temporarily extended the validity of LMIAs for a period of 12 months prior to this policy adjustment. This policy aimed to “help ease labour market conditions” nationwide.
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