Labour Market Impact Assessments 

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It is important to work with an experienced immigration consultant when completing an LMIA and Work Permit application.  The LMIA is an Employment and Social Development Canada (ESDC) process and needs to show that there is a need for a foreign worker to fill a local job.  A positive LMIA will show that no Canadian Worker is available to do the job and so it is important that this application be made accurately and effectively with the assistant of an experienced trained consultant.  A seemingly small detail or omission in an LMIA application can be the cause of a negative decision and subsequently refusals or delays.

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Our licensed consultants have experience and training in completing successful LMIAs. Our team members have an industry leading track record with obtaining positive LMIA’s and our reputation for successful submissions allows us to rank among the top few in terms of successful LMIA applications.  Call us with questions or to get started with an application.

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Thousands of work permits are issued to Foreign Nationals in Canada each year to help businesses meet their labour needs. A work permit is an authorization granted by Immigration, Refugees and Citizenship Canada (IRCC) that allows a Foreign National to work legally in Canada.

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While most occupations require work permits, some occupations do not.
 

Types of Work Permits

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A Work Permit can either be for a specific employer and employment arrangement (referred to as an employer-specific work permit), or can be an open work permit, allowing the FN to work almost anywhere (i.e. cannot work in adult services or striptease) with no restriction on employer name or location.

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Most temporary foreign workers admitted to work in Canada are authorized to do so under an employer-specific work permit.  Upon the expiration of such work permit, Foreign Nationals are required to leave Canada, extend their permit, change their status, or apply for Permanent Residency.

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Open work permits generally do not require LMIA’s or proof of employment offer when applying.
 

Labour Market Impact Assessments – LMIAs

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In order to apply for an employer-specific work permit, a Foreign National requires a government approval in the form of a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) – if the occupation requires one.

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Here is a reference guide to occupations which require an LMIA. https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

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LMIA’s issued to employers are valid to a maximum of 6 months from the date of issuance and if the LMIA is not used to support a work permit within this time, the employer will be required to apply for a new LMIA.
 

LMIA Exemptions

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There are some occupations that do not require an LMIA, to apply for a work permit.   Some examples of occupations/positions that may be exempt from LMIA confirmation (but still may require work permits) include the following:

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• Post-doctoral fellows

• Research award recipients

• Eminent individuals (e.g., leaders in various fields)

• Guest lecturers

• Visiting professors

• Citizens of the US and Mexico appointed as professors under the International Mobility Program (Canada-International Trade Agreements)

• Self-Employed Persons

• Intra-Company Transferees

• Spouses/Common-Law partners or dependents of Workers or Students (not in all cases, conditions apply)

• Permanent Resident Applicants under special Categories

• Charitable or Religious Workers

• Humanitarian applicants under specific Categories
   

Instructions on applications are constantly changing; Contact our experts for inquiries or assistance with preparing and submitting an LMIA and Work Permit.

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Canadian Work Experience

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Once a Foreign National obtains sufficient experience, the person may choose to apply for Permanent Residency based on their ability to become economically established in Canada.  There are several pathways available to apply for Permanent Residency; an example of such a pathway to Permanent Residency for those who have gained Canadian work experience is the Canadian Experience Class.  This category allows Temporary Foreign Workers as well as Post-Graduate Workers to apply for Permanent Residency after obtaining sufficient Canadian experience of approximately 1 year (with conditions).  This category, as with most other categories, requires a minimum threshold for proficiency in the English or French language.

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