Some foreign workers in Canada require a Labour Market Impact Assessment (LMIA) to work in Canada, while others are LMIA-exempt.
An LMIA is a document that some employers in Canada need before hiring a temporary foreign worker. This document must be obtained before the foreign national applies for their work permit. It verifies that a foreign worker will have either a positive or neutral effect on 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.
After the recent announcement that Immigration, Refugees and Citizenship Canada (IRCC) will be reducing Canada’s temporary resident population over the next three years, many foreign nationals who want to work in Canada may be trying to accelerate their journey to Canada.
Accordingly, this article will guide readers through the answers to five common questions that many foreign workers have about LMIAs.
What is an LMIA?
Beyond what was described above, LMIAs are documents that, when approved, confirm that the employer can hire a foreign worker.
Note: A positive LMIA is sometimes called a confirmation letter.
How do I know if I need an LMIA?
Unless eligible for an exemption, employers typically require an LMIA to hire foreign workers. LMIA requirements and exemptions depend on a multitude of factors. You can read more about LMIA requirements and exemptions
Why do I need another LMIA to extend my work permit?
When a foreign national applies for a work permit in Canada, they must ensure that their LMIA is valid. In other words, although a work permit can be issued for a longer period than the LMIA itself is valid, the foreign worker’s LMIA needs to be valid at the time they apply for a work permit.
If a foreign worker’s initial LMIA expires but an employer seeks to extend the worker’s permit in Canada, a new LMIA will be required before the employee can apply for another work permit or a work permit extension.
In addition, when an employer applies for a new LMIA, it is important to understand that Employment and Social Development Canada (ESDC) will begin the assessment process over again and treat the situation as a new application. As part of this new application, EDSC will have the opportunity, if necessary, to ensure there are still no Canadian citizens or permanent residents available to fill the position of a temporary foreign worker.
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:
