The LMIA Process Explained
In many cases, a work permit alone is not enough to work in Canada. A Labour Market Impact Assessment (LMIA) can support a work permit application and show that there is a need for you to work in a specific role in Canada. The LMIA shows that there are no other Canadian workers available to perform your job and therefore you are needed to fill the role.
Today we review the LMIA process from start to finish.
What is the LMIA process?
Step One: The Employer Offers a Job to a Foreign Worker
The Canadian employer should informally offer the foreign worker a position at the company. The employer must offer the worker a job that they have not been able to fill with a Canadian worker.
Step Two: The LMIA Process
The LMIA (Labour Market Impact Assessment) is used to show that the employer tried to find Canadians for the position, and that they are a legitimate employer seeking to fill a position.
This process includes a recruitment aspect where the employer posts the job posting on multiple job boards for at least 4 weeks and attempts to hire a Canadian worker.
The LMIA process takes about 4 months. The employer must receive a positive LMIA to support the work permit application.
Step Three: Work Permit
Once you have a positive LMIA, you can apply for a work permit for the foreign worker. The foreign worker should be able to show their experience in the chosen position by showing reference letters and paystubs from relevant work history.
The worker will also need to have a clear criminal record, and not have any health problems, or past immigration issues/applications. A work permit application takes 1-4 months, depending on the applicant’s country of citizenship.
What are the advantages for an employer who completes an LMIA?
The person that is hired will get a work permit for two years; they will be on a closed work permit, which means that they can only work for the employer who completed the LMIA. If the employer likes the staff member, they can also repeat the process to extend the worker’s stay, or they can apply for permanent residency.
Do You Need an LMIA to Obtain a Work Permit?
IRCC says that in "most cases, an employer must obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker”. However, there are many exceptions and IRCC offers a list of LMIA-exempt roles.
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.