Work Permit and LMIA

May 2, 2015


If it is your goal to work in Canada, you will need the proper authorization to do so, namely: a Work Permit. Every year, millions of people come to Canada to enjoy the benefits that Canada has to offer. If you are able to secure employment in Canada, you can be one of the many who gain worthwhile experience in the Canadian labour market. As well, this may open the doors to future permanent residence in Canada depending on the nature and duration of your occupation in Canada. Individuals who are neither Canadian Permanent Residents nor Canadian citizens, and wish to temporarily work in Canada will need to apply for Work Permit. A Work permit is not issued to individuals who wish to come to Canada and look for an employment. It is only issued once an offer of employment has been offered.

What Is A Labour Market Impact Assessment?

A Canadian employer must prove to the Canadian Government that they are unable to find a suitable Canadian to fill in the job. They must prove that hiring a foreign worker will not have a negative impact on the Canadian labour market. Employers from all types of businesses can recruit foreign workers with a wide range of skills to meet temporary labour shortages. A Labour Market Impact Assessment, LMIA, is a document issued by the government of Canada to the employer. LMIA will allow the applicant, a skilled worker, to get a work permit to work in Canada. The government will issue either a negative or positive LMIA to the employer after applying. The employee can use the LMIA to get a work permit to work in Canada.

Labour Market Impact Assessment – Employer Basics

If you are an Employer seeking to hire a foreign worker, the first step you will need to take is applying for a Labour Market Impact Assessment. A Labour Marked Impact Assessment is an assessment of the position being offered as well as your compliance with current work standards. As the Employer, you will be making the application to the Temporary Foreign Worker Unit who will be making a decision on your Labour Market Impact Assessment.

The Unit will be assessing your application on:

  • Whether the job offer is genuine
    • Your past compliance with employment and recruitment laws;
    • Whether you can financially meet the terms of the job offer;
    • Whether you are actively engaged in the business;
    • Whether or not the job offer aligns with your current employment needs;
    • Whether there is a need for the foreign worker in the local labour market;
    • Whether the hiring of the foreign national will result in Canadians or Permanent Residents losing their jobs
    • Whether the employer has demonstrated that the employee will be paid in accordance with current wage rates for the geographical area.

Demonstrating Recruitment Efforts:

An essential part to receiving a positive Labour Market Impact Assessment relies on the employer’s recruitment efforts. These recruitment efforts allows employers to find qualified and enthusiastic candidates for vacant job opportunities All employers are encouraged to conduct ongoing recruitment efforts, including updating job postings.

The employer must meet the minimum advertising requirements:

  1. Advertise on the Canada Job Bank, for a minimum period of four weeks. The posting must be active until the LMIA is issued. As Canadian citizens and permanent residents are afforded greater rights, the postings allows for an advance search of employment before any opportunity can be presented to a foreign worker.
  2. In addition, the employer must use an additional two methods of recruitment, specifically to reach different audiences. Employers must be ensure to focus advertising efforts on groups of Canadians who are under-represented, such as Indigenous people and people with disabilities. 
  3. The advertisement must be posted for a minimum of four weeks.

A Work Permit allows a Foreign Worker to work in Canada for a designated employer; this is called a closed Work Permit. This means you will only be able to work for the employer that has been indicated on the Labour Market Impact Assessment at the time of application.

You have to Satisfy the Officer That:

  • You have strong ties to your home country and will not remain in Canada beyond your authorized period of stay;
  • You have enough funds to support yourself while you are in Canada;
  • Your purpose in Canada is that of a visitor;
  • You will exit Canada once your stay is over.

Further, simply because you have received a positive LMIA does not necessarily mean that you will automatically obtain your work permit. You will also need to demonstrate that you have the necessary skills, education and experience to fulfill your intended duties in Canada. In most cases, foreign workers must apply for a work permit visa for Canada at a Canadian visa office abroad. Depending on your country of citizenship, you may require a temporary resident visa (TRV) to enter Canada. Depending on the type of work you will undertake in Canada and where you have resided in the last year, you may also require a medical examination before entering Canada.

How Isakov Immigration Law Can Help You:

As there are many rules, regulations and policies, applying for a work permit can be quite complex. Let us assess your qualifications and provide professional advice on your eligibility to work in Canada. We will also provide representation and guidance throughout the application process for a work permit. We specialize in all types of Work Permits.

  • Draft the necessary forms;
  • Work with you and your employer to obtain the proper documentation;
  • Draft the appropriate supporting documentation like a contract, employment offer letter, etc.
  • Assist with demonstrating recruitment efforts which are essentially to any LMIA; and 
  • Help demonstrate how you meet the conditions of a Temporary Resident.