What is LMIA (Labour Market Impact Assessment) and How do I apply for an LMIA?

A Labour Market Impact Assessment (LMIA) is a document that employers in Canada may need to obtain before hiring a foreign worker. A positive LMIA confirms that there is a need for a foreign worker to fill the position, and that no qualified Canadian worker is available for the job.

Would you like to check your eligibility for the LMIA process in Canada?

What are the LMIA Eligibility Requirements?
To be eligible for a LMIA Employer and TFW, must have:

• The process of applying for an LMIA differs for high-wage foreign workers and low-wage foreign workers. Temporary foreign workers being paid under the median wage according to the province or territory that they are residing in are considered low-wage workers.
• If the foreign workers are being paid at or above that province or territory’s median wage, then they would be considered high-wage workers.
• Employers submitting LMIA applications for low-wage workers must meet additional requirements: Meet the capacity limit on hiring temporary foreign workers Provide adequate transportation to and from Canada Provide adequate housing during the period of employment.
• There is also a process to apply for a LMIA to support temporary foreign workers for permanent residency.
• This is known as a Dual Intent LMIA and temporary foreign workers can benefit from additional job offer points to be used for their Express Entry permanent residence application. This can be done for applicants both in and outside the country. The Temporary Foreign Worker Program (TFWP) requires employers to apply for a LMIA 6 months before the date of employment.

The application process for a Labour Market Impact Assessment (LMIA) varies depending on whether the foreign worker is classified as a high-wage or low-wage worker.

Foreign workers earning less than the median wage for their province or territory are considered low-wage workers. Those earning at or above the median wage are classified as high-wage workers.

When applying for an LMIA for low-wage workers, employers must meet additional requirements, including:

• Adhering to the capacity limits for hiring temporary foreign workers
• Providing adequate transportation to and from Canada
• Ensuring suitable housing during the employment period

There is also a process for applying for a special LMIA to support temporary foreign workers seeking permanent residency. Known as a Dual Intent LMIA, this allows workers to earn additional points for a job offer, which can help with their Express Entry permanent residency application. This can be done for applicants both inside and outside of Canada.

Employers participating in the Temporary Foreign Worker Program (TFWP) must apply for an LMIA at least six months before the intended start date of employment.

Applying for a Labour Market Impact Assessment (LMIA) from an employer in the European Union (EU)involves a process that is overseen by Employment and Social Development Canada (ESDC). An LMIA is necessary for Canadian employers who want to hire foreign workers from outside Canada, including those from the EU.

Here’s a step-by-step guide to applying for an LMIA if you are an employer in the EU looking to hire a foreign worker for a job in Canada:

1. Understand LMIA Requirements

Before you proceed, it’s important to understand the LMIA requirements for hiring a foreign worker. The LMIA is a document that confirms there is a need for a foreign worker to fill a specific job and that hiring a foreign worker will not negatively impact the Canadian job market.

There are two types of LMIAs:

• High-Wage LMIA: For jobs paying above the median wage for that occupation in the province/territory.
• Low-Wage LMIA: For jobs paying below the median wage for that occupation.

Employers must meet various criteria depending on whether the job offer is for a high-wage or low-wage position.

2. Advertise the Job in Canada

Employers are required to demonstrate that they have tried to hire Canadian citizens or permanent residents before hiring a foreign worker. This is done by advertising the position in Canadian job markets.

• Advertising Requirements: Employers must advertise the job for a minimum of four weeks before applying for an LMIA. This is done through various channels, including:
  • Job Bank (Canada’s national job search site).
  • Other national, regional, or local job boards.
  • Industry-specific websites, newspapers, and other media.

The employer must show proof of advertising, including the dates and the methods used.

3. Prepare the LMIA Application

Once the job has been advertised and it is confirmed that no qualified Canadian worker is available, the employer can apply for the LMIA.

To do this, the employer must submit an application to Employment and Social Development Canada (ESDC), which includes:

• Job offer details: Position, salary, and job description.
• Recruitment efforts: Documentation proving the efforts to hire Canadians.
• Labour market conditions: Evidence that hiring the foreign worker will not negatively affect the labor market in Canada.
• Employer compliance: A signed attestation form confirming that the employer complies with Canadian employment laws and wage requirements.

If the job position is classified as low-wage, additional steps may be required, including:

• Demonstrating that the employer is offering reasonable working conditions.
• Confirming that they are following the appropriate provincial or territorial labor market standards.

4. Submit the Application

The employer can submit the LMIA application to ESDC either online or by mail, depending on the region and type of job. The ESDC will review the application to ensure that all requirements are met.

• Application Fee: There is a fee of $1,000 CAD for most LMIA applications. This is paid at the time of submission.

5. Wait for ESDC’s Decision

Once the LMIA application is submitted, ESDC will review it and make a decision. The processing time for an LMIA application typically takes 2 to 10 weeks, but it may take longer if the application is complex or if additional information is required.

• Positive LMIA: If the application is approved, ESDC will issue a positive LMIA. This allows the employer to hire a foreign worker.
• Negative LMIA: If the application is denied, the employer cannot hire the foreign worker for the position.

6. Provide the LMIA to the Foreign Worker

If the LMIA is approved, the employer will receive a positive LMIA and must provide it to the foreign worker. The foreign worker can then apply for a work permit to work in Canada.

• The worker must submit the LMIA, job offer, and other required documentation to Immigration, Refugees and Citizenship Canada (IRCC) to apply for a work permit.
• The LMIA will be a key document that supports the work permit application.

7. Worker Applies for a Work Permit

After receiving the positive LMIA, the foreign worker can apply for a temporary work permit with IRCC. The application process involves submitting:

• The positive LMIA from the employer.
• The job offer letter.
• Proof of identity (passport, photographs).
• Other supporting documents, such as education or work experience credentials, language proficiency (if required), etc.

8. Additional Considerations for EU Employers

While the general LMIA application process is the same for employers worldwide, there may be certain considerations specific to EU employers:

• Recruitment Strategies: Employers should ensure that their recruitment methods follow ESDC requirements and demonstrate genuine efforts to hire locally in Canada before seeking foreign workers.
• Provincial Nominee Programs (PNP): In some cases, Canadian provinces or territories may have their own immigration streams or programs that allow employers to bypass the LMIA process or have additional requirements. EU employers should check with provincial authorities to see if they qualify for such programs.

9. Compliance and Employer Obligations

Once an LMIA is granted and the foreign worker is hired, the employer must ensure they comply with Canadian labor laws and conditions specified in the LMIA application. This includes ensuring that the wages, working conditions, and other employment standards promised in the LMIA application are met throughout the employment period.

Conclusion

For employers in the EU who wish to hire a foreign worker from Canada, the LMIA application process involves demonstrating the need for the worker, advertising the position in the Canadian labor market, and proving that the foreign worker will not harm the Canadian labor market. After a positive LMIA is granted, the worker can apply for a work permit and begin working in Canada.

It is important for EU employers to comply with the ESDC's rules and regulations to ensure a successful LMIA application process. It may also be helpful to consult with immigration professionals or legal advisors to navigate the complexities of the process efficiently.

Start your Process Today by Completing the Online Assessment Form.