LMIA

LMIA

To legally work in Canada, most temporary foreign workers require a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO). A foreign worker may need a positive LIMA to obtain a work permit, depending on the industry.
Obtaining a Labour Market Impact Assessment (LMIA) is critical in obtaining a temporary work permit in Canada. It must be appropriately filed with Employment and Social Development Canada (ESDC)/Service Canada to certify that a company can hire a temporary worker.

The application process for an LMIA can take a few weeks or a few months – but some categories have an express process:

  1. The most in-demand occupations as determined by the region (ex. skilled trades)
  2. Highest-paying occupations (top 10%)
  3. Work periods of limited duration (120 days or less)
Application Requirements for LMIA

LMIA applications are mailed to the appropriate Service Canada Processing Centre in hard copy. Applications must include documentation demonstrating that the following criteria have been met:

  1. Processing Fee: All LMIA applications include a $1000 CAD processing fee, which is non-refundable even if the outcome is negative. Certain applicants for in-home caregivers under the LMIAs may be exempt from this fee.
  2. Business Legitimacy Documents proving the employer’s status as a legitimate Canadian business are business legitimacy documents.
  3. Transition Plan: Employers must submit a transition plan outlining how they intend to address the need to hire foreign nationals. Employers are eventually expected to hire Canadian citizens and permanent residents rather than TFWs.
  4. Hiring Process: Before hiring a TFW, employers must prove that they made significant efforts to recruit Canadian citizens and permanent residents to fill the position.
  5.  Wages: Applications must include wage information for the TFW. This will distinguish high-wage positions from low-wage positions and ensure that TFWs are paid the same as their Canadian counterparts for labor.
  6. Workplace Safety: TFWs are entitled to the same workplace health and safety standards as Canadians in comparable positions. As a result, employers must prove that TFWs will be covered by insurance that is at least equivalent to the health coverage provided by the province or territory in which the business is located.

Do you have questions about working in Canada or hiring a foreign worker? Contact us today to see how we can help!

The application process for an LMIA can take a few weeks or a few months – but some categories have an express process: The most in-demand occupations as determined by the region (ex. skilled trades) Highest-paying occupations (top 10%) Work periods of limited duration (120 days or less)
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