If you’re planning to work in Canada as a foreign worker, you may need to obtain a Labour Market Impact Assessment (LMIA) before you can start working legally.
An LMIA is a document that indicates whether the Canadian government has approved a foreign worker to work in Canada and whether their employees will have a positive or negative impact on the Canadian labour market.
Here’s everything you need to know about the Canada Labour Market Impact Assessment (LMIA).
The Labour Market Impact Assessment (LMIA) was introduced in 2014 by the Government of Canada as part of a series of changes to the Temporary Foreign Worker Program (TFWP).
The TFWP was originally created in the 1970s to allow Canadian employers to hire foreign workers to fill labour shortages in certain industries.
However, over the years, concerns were raised about the program’s impact on the Canadian labour market, and in particular, on the wages and working conditions of Canadian workers.
Since its introduction, the LMIA has been subject to ongoing changes and updates.
In 2017, for example, the government announced changes to the LMIA process that were designed to make it easier for employers to hire highly skilled foreign workers.
These changes included the creation of a Global Talent Stream, which provides expedited processing for certain types of highly skilled workers.
Overall, the LMIA has played an important role in regulating the hiring of foreign workers in Canada and has helped to ensure that Canadian workers are not displaced by foreign workers and that the hiring of foreign workers is done in a fair and transparent manner.
Everything You Need to Know About Canada Labour Market Impact Assessment (LMIA)
What is a Labour Market Impact Assessment (LMIA)?
A Labour Market Impact Assessment (LMIA) is a document issued by the Canadian government that allows an employer to hire a foreign worker for a specific job.
The purpose of the LMIA is to ensure that the hiring of foreign workers will not have a negative impact on the Canadian labour market.
The LMIA process is designed to protect Canadian workers and ensure that foreign workers are only hired when there are no qualified Canadian candidates available to fill the position.
When is an LMIA required?
An LMIA (Labour Market Impact Assessment) is required in most cases when a Canadian employer wants to hire a foreign worker to fill a job vacancy.
There are some exemptions to the LMIA requirement, such as in cases where the foreign worker is covered by international agreements, such as the North American Free Trade Agreement (NAFTA), or where the foreign worker is considered to be a “significant benefit” to Canada, such as in cases where they are hired to work on a research project.
It’s important to note that even if an LMIA is not required, foreign workers may still need to obtain a work permit or other immigration documentation to work in Canada legally.
How to Apply for an LMIA?
To apply for a Labour Market Impact Assessment (LMIA), the Canadian employer must follow these steps:
Determine if an LMIA is required
The employer should first determine whether they need an LMIA to hire a foreign worker. They can do this by consulting the ESDC website or by contacting the department directly.
Advertise the job
The employer must advertise the job in at least three different sources for a minimum of four weeks, including national job boards and local sources.
Apply for the LMIA
The employer must complete and submit an LMIA application to the ESDC. The application must include detailed information about the job, the employer, and the foreign worker hired.
Pay the fee
The employer must pay a processing fee when submitting the LMIA application.
The fee is not static.
Wait for the decision
The ESDC will review the application and make a decision about whether to grant the LMIA.
This particular process might take months but this is due to the nature of the application
Notify the foreign worker
If the LMIA is approved, the employer must provide the foreign worker with a copy of the LMIA, as well as any other documentation they need to apply for a work permit.
Apply for the work permit
The foreign worker must apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC) using the LMIA as part of their application.
It’s important to note that the LMIA application process can be complex and time-consuming.
Employers may want to seek the assistance of a qualified immigration lawyer or consultant to help them navigate the process.
what is the duration for an LMIA?
The processing time for a Labour Market Impact Assessment (LMIA) can vary depending on the complexity of the application and the specific circumstances of the employer and the job being offered.
In general, the ESDC aims to process LMIA applications within 10 to 12 weeks from the date of receipt.
However, some applications may take longer to process, particularly if there are issues with the application that need to be resolved or if the ESDC receives a high volume of applications.
It’s important for employers to plan ahead and submit their LMIA applications well in advance of the intended start date for the foreign worker, to allow sufficient time for processing.
Employers may also want to consider using the LMIA application fee receipt as proof of submission when applying for a work permit for the foreign worker, to expedite the work permit processing time.
Conclusion
In conclusion, the Labour Market Impact Assessment (LMIA) is an important part of the process for foreign workers who wish to work in Canada.
The LMIA process is designed to ensure that Canadian workers are not displaced by foreign workers and that foreign workers are only hired when there are no qualified Canadian candidates available.
If you’re planning to work in Canada as a foreign worker, be sure to familiarize yourself with the LMIA process and the requirements for obtaining an LMIA.
Frequently Asked Questions
What is an LMIA?
 An LMIA is a Labour Market Impact Assessment, which is a document that assesses the impact that hiring a foreign worker would have on the Canadian labour market.
When is an LMIA required?
An LMIA is required in most cases when a Canadian employer wants to hire a foreign worker to fill a job vacancy.
What is the purpose of an LMIA?
The purpose of an LMIA is to ensure that hiring a foreign worker does not have a negative impact on the wages and working conditions of Canadian workers.
How long does it take to get an LMIA?
The processing time for an LMIA can vary, but the ESDC aims to process applications within 10 to 12 weeks from the date of receipt.
What is the cost of an LMIA?
The cost of an LMIA varies depending on the type of LMIA being requested.
Is an LMIA required for all foreign workers?
No, there are some exemptions to the LMIA requirement, such as in cases where the foreign worker is covered by international agreements, such as the North American Free Trade Agreement (NAFTA).
Can an employer apply for an LMIA themselves?
Yes, employers can apply for an LMIA themselves, but they may want to seek the assistance of a qualified immigration lawyer or consultant to help them navigate the process.
How long is an LMIA valid?
An LMIA is valid for six months from the date it is issued.
Can an LMIA be extended?
No, an LMIA cannot be extended. A new application must be submitted if the employer wishes to hire the same foreign worker after the LMIA has expired.
Can I transfer my LMIA to a new employer?
 No, an LMIA cannot be transferred to a new employer. A new LMIA application must be submitted by the new employer if they wish to hire the same foreign worker.
Can an LMIA be appealed?
Yes, employers have the right to appeal a negative LMIA decision within 90 days of the decision.
What happens if an employer does not get an LMIA?
If an employer does not get an LMIA, the foreign worker may not be eligible to work in Canada.
Can a foreign worker apply for an LMIA?
No, a foreign worker cannot apply for an LMIA.
The LMIA application must be submitted by the Canadian employer.
Can a foreign worker apply for a work permit without an LMIA?
 Most times, a foreign worker may be able to apply for a work permit without an LMIA if they are covered by international agreements or if they are considered to be a “significant benefit” to Canada.
What happens if a foreign worker’s LMIA expires before they can apply for a work permit?
 If a foreign worker’s LMIA expires before they can apply for a work permit, a new LMIA application must be submitted by the employer.