HIRE A FOREIGN WORKER IN CANADA WITH A LABOUR MARKET IMPACT ASSESSMENT (LMIA)

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that evaluates the implications of hiring a foreign national in Canada. A positive LMIA signifies that there are no Canadian citizens or permanent residents available to occupy the position, thereby permitting the employer to hire a foreign worker. Conversely, a negative LMIA suggests that the role should be filled by a Canadian citizen or permanent resident.

• Do I need an LMIA to hire a temporary foreign worker?
• How do I obtain an LMIA?
• What is the difference between high-wage and low-wage positions?
• What are the requirements for Low-Wage Positions?
• What steps should I take if I need an LMIA to hire a temporary foreign worker?
• What steps should I take if I don’t need an LMIA?
• What is Francophone Mobility under the IMP?
• What are the requirements for hiring in Quebec?
• What is the Simplified LMIA Process in Quebec?
• Can the foreign worker pay the LMIA?
• Can employers avoid the LMIA process when hiring foreign workers?
• What advantages do our Canadian immigration lawyer services offer for work permit and LMIA applications?
• FAQ

Most employers require a Labour Market Impact Assessment (LMIA) before hiring a temporary foreign worker. The LMIA confirms that:

• There is a need for a temporary foreign worker.
• No Canadian citizens or permanent residents are available for the job.

After receiving an LMIA from ESDC, provide a copy of the confirmation letter to each temporary foreign worker and instruct them to apply for a work permit.

If you are hiring through the International Mobility Program (IMP), you must:

• Pay an employer compliance fee.
• Submit an offer of employment form via the Employer Portal.

This must be completed before the temporary foreign worker can apply for a work permit.

Francophone Mobility allows employers to hire Francophone or bilingual temporary foreign workers outside Quebec without an LMIA. This program supports bilingual services and the development of minority language communities across Canada.

If hiring through the Temporary Foreign Worker Program (TFWP) in Quebec, the worker must obtain a Quebec Acceptance Certificate (CAQ) from the Quebec ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) before receiving a work permit. For hires under the IMP, a CAQ is not required.

MIFI has established an LMIA exemption policy for certain foreign workers under specific conditions:

• Holding a valid work permit
• Possessing a Quebec Selection Certificate (CSQ)
• Residing in Quebec
• Applying for permanent residency under the Quebec Skilled Worker category

In Quebec, the Simplified Labour Market Impact Assessment (LMIA) process offers an expedited application procedure that eliminates the need for employers to demonstrate recruitment efforts for Canadian citizens or permanent residents for certain roles. This streamlined process applies to positions listed annually on the “Eligible Professions for Simplified Processing” list, published by the Quebec government.

The list highlights professions with high demand within Quebec’s labor market, qualifying them for quicker LMIA processing. Employers can use this streamlined process to efficiently recruit temporary foreign workers and address specific labor shortages in the province.

No, the foreign worker cannot pay for the LMIA. The LMIA application fee is the responsibility of the employer.

Yes, employers may be exempt from the LMIA requirement in specific scenarios, such as those under the International Mobility Program. For further details on LMIA exemptions and work permit criteria, please get in touch with us.

Our Canadian immigration lawyer services offer crucial benefits for individuals applying for work permits and employers seeking LMIA under the Temporary Foreign Worker Program (TFWP). We provide expert advice on the best immigration pathways, comprehensive support throughout the application process, and personalized strategies tailored to your specific needs. Our team ensures efficient processing, adherence to legal requirements, and prompt resolution of any issues. By managing the complexities of immigration law, we allow you to focus on your primary activities with peace of mind. Contact us for professional and effective immigration support.

FAQ