Labour Market Impact Assessment

Most Canadian employers need a Labour Market Impact Assessment (LMIA) before they can hire a temporary foreign worker for any position they offer. It is worth mentioning, that the Temporary Foreign Worker Program (TFWP) allows employers to hire temporary foreign workers to fill labor and skill shortages in Canada. Before you start the hiring process in Canada, you must determine if you need a Labour Market Impact Assessment.

In most cases, your LMIA will confirm that there is a need for a temporary foreign worker for this position and there are no Canadians or permanent residents of Canada who are available to do the offered job. You can check if you and the temporary foreign worker you plan to hire are exempt from needing a Labour Market Impact Assessment or work permit. To do this you have to take one of the following steps:

• You can review the available LMIA exemption codes and work permit exemptions. Then you can choose those LMIA exemptions or work permit codes that seem most relevant to your hiring situation and read the detailed description of them. Remember, that if an exemption code applies to you, you will be obliged to include it in your offer of employment. 

• Another option is that you contact the International Mobility Workers Unit (IMWU) and get all the information there. But the help of IMWU is available only if you are hiring a temporary foreign worker who is both currently outside Canada and comes from a country whose nationals are visa-exempt.

Remember, that most people need a visa or an Electronic Travel Authorization (eTA) to travel to Canada, but some nationals may only need their valid passports. You can always check this information online. After you check and learn that you need an LMIA for hiring, you can get it from Employment and Social Development Canada (ESDC).

It is worth mentioning, that the International Mobility Workers Unit provides opinions on whether or not you as the employer, and the temporary foreign worker you want to hire are exempt from getting a Labour Market Impact Assessment and the work permit requirement in Canada. Remember, you are allowed to request an opinion from the IMWU to find out if a Labour Market Impact Assessment or a work permit exemption applies to your job situation with a temporary foreign worker who is located outside Canada and comes from a country whose nationals are visa-exempt. If the temporary foreign worker you want to hire does not meet these requirements, you are not allowed to use the IMWU services. In this situation, the temporary foreign worker must apply for a work permit directly and the officer who will process the work permit application will determine if an LMIA or work permit exemption is needed. This procedure will take place at the visa office, a port of entry, or a case processing center in Canada.

The application process for the Labour Market Impact Assessment depends on the type of program you are hiring your worker through. The application process for an LMIA differs a little, depending on what workers you want to hire: high-wage or low-wage workers, workers through the Seasonal Agricultural Worker Program, or workers through the Agricultural Stream. 

When you plan to hire high-wage workers, it is important that your Labour Market Impact Assessment application be submitted up to six months prior to the expected job start date. As an employer, you must complete, sign and send your application and all required documentation, including the processing fee, to the appropriate Service Canada Processing Centre. Your application package must include a special Labour Market Impact Assessment application form that is designed for high-wage positions in Canada. Employers who plan to hire low-wage workers must prepare a similar package of documents, and fill in a special Labour Market Impact Assessment application form for low-wage positions. It must be submitted up to six months prior to the expected start date. 

Canadian employers who plan to hire a temporary foreign worker under the Seasonal Agricultural Worker Program or the Agricultural Stream must also submit the LMIA application along with all the other required supporting documentation. The assessment must demonstrate the impact that hiring a TFW would have on Canada's job market. Remember, your Labour Market Impact Assessment application and all other required documents must be submitted to Service Canada, you can also submit them electronically.

When the Labour Market Impact Assessment has been issued, you should provide a copy of the confirmation letter to each temporary foreign worker that you plan to hire. Then, each of them is allowed to apply for a work permit in Canada. Remember, that to finish the process of hiring successfully, you will need an LMIA from Employment and Social Development Canada, Service Canada.

It is worth mentioning, that in some cases you do not need a Labour Market Impact Assessment to hire a temporary worker. For example, the International Mobility Program (IMP) lets you hire temporary foreign workers without it. The requirements of the International Mobility Program include the following:

• If you plan to hire a temporary foreign worker through the International Mobility Program you need to pay an employer compliance fee;
• If you plan to hire a temporary foreign worker through the International Mobility Program you need to submit an offer of employment form. You can do this using the Employer Portal.

You are obliged to do all of these procedures before the temporary foreign worker you want to hire can apply for a work permit in Canada.

The province of Quebec has its own requirements for the participants of the Temporary Foreign Worker Program. If you are an employer in Quebec and you plan to hire workers through the TFWP, your temporary foreign worker will need a Quebec Acceptance Certificate (CAQ).  The Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) must issue it first, and only then a work permit can be issued. If you are an employer in Quebec and you plan to hire a temporary foreign worker through the International Mobility Program, a Quebec Acceptance Certificate from the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration is not required.

If you need help with Labour Market Impact Assessment Application in Canada, please fill in application below or contact us directly.