LMIA
A job offer is essential for most foreign nationals wishing to work in Canada. The need for a Labour Market Impact Assessment (LMIA) depends on the specific type of work permit program the foreign worker is applying under. Some programs require an LMIA, while others are LMIA-exempt but still require a valid job offer.
Whether through LMIA-based permits, helping 70% of employers address labor shortages, or LMIA-exempt pathways like the Global Talent Stream, which processes 95% of applications in 2 weeks, both offer key opportunities for foreign workers in Canada
LMIA - Required Job Offers
Under the Temporary Foreign Worker Program (TFWP), most employers hiring foreign workers are required to obtain an LMIA from Employment and Social Development Canada (ESDC) before the worker can apply for a work permit. This process ensures that hiring a foreign worker will not negatively impact the Canadian labor market.
Temporary Foreign Worker Program (TFWP)
The TFWP is the primary pathway for Canadian employers who need to hire foreign workers for positions that are not filled by local Canadians or permanent residents. Employers must prove that the foreign worker will not displace a Canadian worker or negatively affect the Canadian job market.
- Employer’s Role: The employer must apply for an LMIA and demonstrate efforts to recruit Canadians before offering the position to a foreign worker.
- Eligibility: The employer needs to provide a detailed job description and proof of recruitment efforts in Canada. The job must also meet certain wage and working condition standards.
Facilitated LMIA (Quebec)
For foreign workers coming to Quebec, the LMIA process is slightly different. The Facilitated LMIA system allows Quebec employers to streamline the LMIA process, but there is an additional requirement to obtain a Quebec Certificate of Acceptance (CAQ).
- Quebec-Specific Requirements:
Employers in Quebec need to apply for both the LMIA and the CAQ from the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI).Temporary Foreign Worker
- Who Benefits:
This is aimed at employers in Quebec who are hiring foreign workers for occupations that are in high demand or face skill shortages.
Global Talent Stream (GTS)
The Global Talent Stream (GTS) is a fast-tracked LMIA process designed to help employers in the tech sector and other high-demand industries bring highly-skilled foreign workers to Canada. It is part of the TFWP but with expedited processing.
- Eligibility: Employers must be referred by a designated partner (e.g., provincial governments or tech industry associations).
- Processing Time: The GTS aims to process LMIA applications within two weeks, making it ideal for high-priority occupations in science, technology, engineering, and mathematics (STEM) fields.
- Job Offer: The employer must provide a valid, full-time job offer to a foreign worker in one of the high-demand occupations identified under this stream.
LMIA-Exempt but Requiring a Job Offer
Certain immigration pathways allow foreign workers to apply for a Canadian work permit without needing an LMIA, though a valid job offer is still required. These LMIA-exempt work permits are typically based on international agreements, special government programs, or specific employer categories.
International Mobility Program (IMP)
The International Mobility Program (IMP) enables Canadian employers to hire foreign workers without requiring an LMIA. However, a valid job offer must still be in place. The worker must qualify for an LMIA exemption based on specific criteria under the IMP.
- LMIA Exemption Criteria: Workers applying under the IMP may be exempt from the LMIA process if they fall under specific categories (e.g., trade agreements, intra-company transfers).
- Processing Times: Work permits under the IMP can often be processed more quickly compared to LMIA-based permits.
NAFTA Work Permits (CUSMA Work Permits)
Under the Canada-United States-Mexico Agreement (CUSMA) (formerly NAFTA), U.S. and Mexican citizens in certain professional occupations can apply for an LMIA-exempt work permit.
- Eligibility: To qualify, workers must meet specific educational and professional requirements for jobs that are included in the CUSMA professional list (e.g., engineers, IT specialists, accountants, etc.).
- Job Offer: A valid job offer from a Canadian employer in the designated profession is required.
- No LMIA Needed: There is no need for the Canadian employer to obtain an LMIA.
CETA Work Permits (Canada-EU Work Permits)
Under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union (EU), citizens of EU member states can apply for LMIA-exempt work permits for certain occupations.
- Eligibility: This program is for EU citizens who are being hired for specific professional or managerial positions related to trade and investment between Canada and the EU.
- Job Offer: A valid job offer must be in place from a Canadian employer who is involved in trade or investment with the EU.
Intra-Company Transfers (ICT)
The Intra-Company Transfer (ICT) program allows multinational companies to transfer employees from their offices abroad to their Canadian branch, subsidiary, affiliate, or parent company, without requiring an LMIA.
- Eligibility: The worker must have been employed with the foreign company for at least one year and must be coming to Canada in an executive, managerial, or specialized knowledge capacity.
- Job Offer: A valid job offer from the Canadian office is required, but LMIA is not needed for the transfer.
- Duration: The duration of the work permit depends on the position, with executives and managers being allowed up to 7 years, and specialized knowledge workers up to 5 years.
General Requirements for Both LMIA and LMIA-Exempt Job Offers
Regardless of whether the job offer requires an LMIA or is LMIA-exempt, there are common basic requirements that must be met by both the employer and the foreign worker.
- Valid Job Offer: The job must be full-time, non-seasonal, and meet Canadian labor standards. The employer must offer compensation that is in line with industry standards.
- Supporting Documents:
Employer’s Role: The employer will need to provide a job offer letter, proof of business registration, and other relevant documents such as evidence of recruitment efforts (for LMIA applications).
Worker’s Role: The worker must provide proof of qualifications, such as education, work experience, and any professional credentials, as well as any additional documents requested by Immigration, Refugees, and Citizenship Canada (IRCC).
- Work Permit Application: The foreign worker must submit a work permit application through IRCC. The application will include the job offer (with or without LMIA), supporting documents, and proof of qualifications.
Benefits of LMIA and LMIA-Exempt Job Offers
- LMIA-Based Work Permits:
- Provides a clear pathway to hire foreign workers when no qualified Canadians or permanent residents are available.
- Ensures that the foreign worker’s employment will not harm the Canadian labor market.
- Employers gain access to a broader talent pool when they are unable to find local candidates for specialized roles.
- LMIA-Exempt Work Permits:
- Faster processing times, as the LMIA process is not required.
- Flexibility for workers in certain categories, such as those under CUSMA, CETA, or intra-company transfers.
- Often less paperwork for employers, reducing time and administrative burden.
