Canada’s Free Trade Agreements
Canada’s Free Trade Agreements

Labour Market Impact Aseesment (LMIA)

What is an LMIA?

A Labour Market Impact Assessment (LMIA) confirms that:

  • There is a need for a temporary foreign worker.
  • No Canadians or permanent residents are available to fill the job.

Check for LMIA or Work Permit Exemptions:

  • Review Exemption Codes: Look for LMIA exemption codes or work permit exemptions that may apply to your hiring situation.
  • If an exemption applies, include the relevant code in your offer of employment. Contact the International Mobility Workers Unit if you are hiring a temporary foreign worker who is:
  • Outside Canada
  • From a visa-exempt country.

How to Get an LMIA:

  • Application Process: You need to apply for an LMIA through Employment and Social Development Canada (ESDC).
  • Programs for LMIA:
  • High-wage workers
  • Low-wage workers
  • Seasonal Agricultural Worker Program
  • Agricultural Stream

Hiring with an LMIA:

Temporary Foreign Worker Program (TFWP):After receiving an LMIA, you must provide the confirmation letter to the worker, who will use it to apply for a work permit.

Hiring without an LMIA (International Mobility Program):

  • No LMIA required: If the worker is eligible under the International Mobility Program (IMP), no LMIA is needed.
  • Employer Compliance:
  • Pay the employer compliance fee.
  • Submit an offer of employment through the Employer Portal before the worker applies for a work permit.

Francophone Mobility (Outside Quebec):

  • Exemption: Francophone or bilingual workers outside Quebec are exempt from the LMIA under the IMP.
  • Benefits: Employers can offer bilingual services while contributing to minority language communities across Canada.

Hiring in Quebec:

  • Through the TFWP: Workers will need a Quebec Acceptance Certificate (CAQ) from the Quebec Ministry of Immigration (MIFI) before a work permit can be issued.
  • Through the IMP: No CAQ is required for workers under the IMP.

Employer-Specific Work Permit

Description: This type of work permit ties you to a specific employer. The conditions on your work permit will specify:

  • Employer: The name of the specific employer you can work for.
  • Duration: How long you can work in Canada.
  • Location: If applicable, where you can work.

Requirements:

You must have submitted a complete permanent residence application before the program closure on June 18, 2019. When submitting your BOWP application, make sure to include:

  • Employment Contract: Your employer must provide you with a copy of your employment contract.
  • Labour Market Impact Assessment (LMIA): Your employer may need to provide an LMIA or an Offer of Employment Number (for LMIA-exempt workers).
  • If your employer doesn’t need the Employer Portal to submit an offer of employment, they must give you a copy of the employment contract.

Open Work Permit

  • Description: An open work permit allows you to work for any employer in Canada, except for one that:
  • Is listed as ineligible on the list of employers who failed to comply with conditions.
  • Regularly offers striptease, erotic dance, escort services, or erotic massages.
  • Eligibility: You can only apply for an open work permit in specific situations.
  • Medical Exam: Some jobs may require a medical exam. If you wish to avoid medical conditions being mentioned on your open work permit, you can undergo a medical exam by a panel physician.

Bringing Your Family to Canada

  • Spouse or Common-Law Partner: Your spouse or common-law partner may also be able to work or study while in Canada.
  • Dependent Children: Your dependent children may also accompany you and may have the opportunity to study or live with you in Canada.

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