The following guide is for jobs that require a positive LMIA (Labour Market Impact Assessment) before applying for a Work Permit
In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers (see exemptions including NAFTA and GATS). In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required.
LMIA applications should show the following:
- Efforts made to recruit available Canadian citizens/permanent residents
- Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region
- Working conditions for the occupation meets the current provincial labour market standards
- Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge
- Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.
The positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one year if granted.
LMIAs are overseen by Employment and Social Development Canada (ESDC) and have an associated application fee of $1,000 for each temporary foreign worker position applied for.
There are shorter processing times of 10 days available for highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than 120 days.
The LMIA process is different depending on whether the targeted employee is classified as “high-wage” or “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, certain specific provisions apply.
LMIA Exempt Jobs & Foreigners
There are cases where a positive LMIA is not required in order to be eligible to apply for a work permit.
The following categories are exempt from requiring a positive LMIA- a work permit can be obtained without one.
- International Agreements (NAFTA, GATS, Canada-Columbia FTA, Canada-Peru FTA)
- Entrepreneurs/Self-Employed Candidates
- Intra-Company Transferees
- International Exchange Programs
- Spouse and Dependents Of Foreign Workers
- French-Speaking Skilled Workers
- Religious Workers
- Academics
- Provincial LMIA Exemptions
Note: Being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.
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