A LMIA is a document a Canadian employer needs to hire most types of foreign workers. A positive LMIA confirms there is a need for a foreign worker to fill the job at hand and that no Canadian worker is available to do the job. An LMIA application must be made by an employer.
What is a Labour Market Impact Assessment (LMIA)?
An LMIA is a document from Employment and Social Development Canada (ESDC) that gives the employer permission to hire a temporary worker.
ESDC will assess the employer’s LMIA application to determine what impact hiring a temporary foreign worker would have on Canada’s job market. ESDC will issue a positive or negative LMIA letter to the employer. Your employer should give you a copy of this letter to include with your application for a work permit.
The LMIA is usually given for a specific period of time and the work permit issued will match that period. If you want to renew your work permit beyond this period, you will likely need a new LMIA. Find out more about the LMIA.
Note: LMIA-exempt work permits have different conditions that are reviewed by IRCC or CBSA.
What is work?
Work is an activity for which wages are paid or commission is earned. An unpaid activity can also be “work” if it competes directly with activities of citizens or permanent residents in the Canadian labour market.
What is a work permit?
A work permit is a written authorization that is:
- Issued by an officer that allows a person who is not a Canadian citizen or a permanent resident to work in Canada;
- Needed if you want to work in Canada, even if your employer is not in Canada;
- Usually valid only for a specific employer, job and length of time;
- Issued based on a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC), or an Offer of employment from an LMIA-exempt employer.
The Canadian Employer must provide these documents to support the LMIA application:
- Job offer letter;
- Most recent T4 summary & most recent tax return;
- Business license/permit;
- Commercial lease agreement for place of business; and,
- Proof of advertising or recruitment for the intended position to date.
What documents do I need?
- Proof of identity. A valid passport or travel document that gives you the right to return to the country or territory that issued it; and. …
- Proof of employment in Canada. …
- Proof of relationship. …
- Other documents
Employer Compliance Regime
The Immigration and Refugee Protection Regulations (IRPR) have requirements that allow Immigration, Refugees and Citizenship Canada (IRCC) to protect your rights when you work in Canada by making sure that your employer respects the terms of their offer of employment.
For a work permit application, we will evaluate your employer on:
- Whether or not the offer of employment is genuine;
- Their compliance history (within the past six years) with the commitments listed in their offer of employment with respect to:
- Wages;
- Working conditions; and
- The job.
- Whether or not they follow Federal-Provincial or Territorial Laws; and
- Whether or not they are banned from hiring a foreign national as per the Immigration and Refugees Protection Regulations (IRPR).
Employers who have not complied with past commitments to foreign workers may be banned from hiring any foreign workers for a specific length of time. The length of the ban is noted on the public list of employers who have been found non-compliant. You must not work for an ineligible employer. Check the current
List of employers who have been found non-compliant.https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/employers-non-compliant.html