Hiring Skilled Workers and Supporting their Permanent Residence

The Government of Canada believes that foreign workers can help employers meet their labour needs when Canadians and permanent residents are not available. As part of this process the government supports higher-skilled foreign workers based on their potential to become economically established in Canada and to assist employers to meet their skilled labour shortages.

Description

Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Citizenship and Immigration Canada’s (CIC) Express Entry system. The job offer must meet the criteria of 1 of the listed economic immigration programs. These programs include:

Federal Skilled Worker Program (FSWP)

The employer must be offering a job that is:

  • for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
  • full-time hours (a minimum of 30 hours of work per week);
  • permanent; and
  • non-seasonal.

Federal Skilled Trades Program (FSTP)

The employer must be offering a job that is for:

  • an eligible skilled trade or technical occupation (NOC skill level B);
  • full-time hours (a minimum of 30 hours of work per week); and?
  • at least one year.

Note:

Under the FSTP, the employment offer can be made by up to two employers.

Canadian Experience Class (CEC)

The employer must be offering a job that is:

  • for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
  • full-time hours (a minimum of 30 hours of work per week);
  • permanent; and
  • non-seasonal.

Note:

Under the CEC, the foreign worker must have at least 12 months of full-time (or an equivalent amount in part-time) skilled work experience in Canada within the 36 months prior to applying for permanent residence. Visit CIC’s website, for more information on the requirements for the CEC.

Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:

  • an embassy;
  • a high commission or consulate in Canada;
  • on the list of ineligible employers maintained by CIC;
  • new and have not been in business for a minimum of 1 year; or
  • hiring workers for jobs located in the province of Quebec.

For information on the Quebec Skilled Worker Program, consult the ministère de l’Immigration, de la Diversité et de l'Inclusion (MIDI).

Employers who wish to hire skilled foreign workers through 1 of these immigration programs may also want to hire these workers temporarily while their application for permanent residence is being processed by CIC. As a result, employers can apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign nationals’ application to CIC for a:

  • permanent resident visa; and
  • temporary work permit.

Requirements


Processing Fee

Employers must pay $1,000 for each position requested (e.g. $1,000 x number of positions=total payment) to cover the cost of processing a duel intent LMIA application.

  • The processing fee payment (in Canadian dollars) can be made by:
    • certified cheque (payable to the Receiver General for Canada)
    • money order (postal or bank)
    • Visa
    • MasterCard
    • American Express
  • There will be no refund in the event of a negative LMIA, or if the application is withdrawn or cancelled by the employer since the fee covers the assessment process and not the outcome.
  • Employers requesting to have their LMIA application reconsidered, as a result of a negative LMIA, must submit a new application and processing fee for each position.
  • Refunds will only be available if a fee was collected in error (e.g. an incorrect fee amount was processed).

Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from foreign workers.

Note:

  • The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa.
  • The LMIA processing fee does not apply to higher-skilled positions related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).

Language Restriction

A distinct language assessment factor has been introduced as subsection 203 (1.01) of the Immigration and Refugee Protection Regulations (IRPR). As a result, English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.


Education, Training and Experience

Employers are responsible for verifying that the foreign worker has all the necessary training, qualifications and experience to perform the work in Canada.

Regulated Occupations

Employers hiring a foreign worker in regulated occupations in Canada must ensure that arrangements are made with the appropriate regulatory body for the certification, registration or licensing of the foreign worker. A "regulated" occupation is one where a professional or regulatory body has the authority to set entry requirements and standards of practice that lead to a certification or registration, or licence (e.g. skilled trade occupations with compulsory certification).

Securing the necessary documents to practice in Canada is the employer's and the worker's responsibility. For the purpose of issuing a work permit, Citizenship and Immigration Canada (CIC) must be satisfied that the skilled worker is capable of performing the employment being offered to them. CIC will check to ensure the skilled worker holds the required certification, or licensing to practice in a regulated occupation in Canada. If the applicant is not certified or licensed, CIC will assess whether the applicant is likely to qualify for certification when in Canada, before issuing a work permit.

In assessing a job offer for the purpose of issuing a permanent residence visa, CIC must be satisfied that the skilled workers are able to perform and are likely to accept and carry out the employment being offered them.


Business Licence or Documentation

All employers must submit a copy of the following documents:

  • Job offer (signed by the employer and the foreign worker);
  • Proof of recruitment (e.g. copy of advertisement and information to support where, when and for how long the position was advertised);
  • Business registration or legal incorporation documents (if first LMIA application);
  • Provincial/territorial/municipal business licence (where applicable and if first LMIA application);
  • Canada Revenue Agency (CRA) documents, including:
    • T4 Summary of Remuneration Paid (most current year ending)
    • PD7A Statement of Account for current source deductions (for 12-month period preceding LMIA application)
    • Schedules 100 and 125 - T2 Corporation Income Tax Return (for corporations only - 2 most recent returns filed)
    • T2125 Statement of Business or Professional Activities (for sole proprietorships/partnerships only – 2 most recent returns filed)
  • Commercial lease agreement (if applicable)
  • Provincial documentation requirements:
    • Alberta – Employment Agency Business Licence (Alberta’s Fair Trading Act), if applicable
    • British Columbia - Employment Agency Licence (British Columbia's Employment Standards Act), if applicable
    • Manitoba – Certificate of Registration (Manitoba’s Worker Recruitment and Protection Act)
    • Nova Scotia – Employer Registration Certificate (Labour Standards Code)
    • Saskatchewan - Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required, however employers must be registered).

Union Consultation

Although it is not a mandatory requirement, if the position being filled by the foreign worker is unionized, it is recommended that employers:

  • work actively with union representatives to recruit unemployed Canadians and permanent residents;
  • consult the union on its position regarding the hiring of a foreign worker for the available job;
  • confirm that the conditions of the collective agreement (e.g. wages, working conditions) will apply to the foreign worker.

Note:

  • ESDC/Service Canada may contact the union for more information.
  • The position offered to the foreign worker cannot affect current or foreseeable labour disputes at the workplace, or the employment of any Canadian or permanent resident workers involved in these disputes.

Third-party representatives and recruiters

Employers do not need to use the services of a third-party representative or recruiter to apply for a foreign worker. However, employers who choose to use the services of one of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements.

Representatives assist employers by providing services, such as:

  • explaining and providing advice on the TFWP;
  • completing and submitting the application form and all required documents;
  • communicating with ESDC/Service Canada on the employer’s behalf; and
  • representing the employer during the application process.

Employers who wish to use the services of a representative, paid or unpaid, must complete and submit Schedule A - Appointment of a Third-party Representative. Employers must identify their representative and not simply the firm/organization employing this person.

Paid representatives

Individuals representing or assisting employers in exchange for compensation (e.g. money, goods or services) must be authorized under section 91 of the Immigration and Refugee Protection Act (IRPA), which means they have to be a member in good standing with:

  • a Canadian provincial/territorial law society, or a student-at-law under its supervision;
  • the Chambre des notaires du Québec;
  • the Province of Ontario’s law society as a paralegal; or
  • the Immigration Consultants of Canada Regulatory Council (ICCRC).

Employers should visit Citizenship and Immigration Canada (CIC) to verify that a specific representative is authorized to represent them or provide immigration advice.

Unpaid representatives

Individuals representing employers for free (e.g. do not collect fees or other forms of compensation) are not subject to any restrictions under the IRPA. These individuals are usually family members, non-for-profit or religious organizations that assist employers who may not be able to complete the application process on their own.

Recruiters

Recruiters can assist employers by providing services such as:

  • placing job advertisements for the recruitment of foreign workers;
  • screening potential employees;
  • making travel arrangements; and
  • negotiating wages/salaries on behalf of the employer.

Employers, using the services of a paid recruiter to represent them during the LMO application process, must complete the Third-party, Recruiter or Employer Agency Information section of the application form as well as the separate Schedule A - Appointment of a Third-party Representative. The paid recruiter representing the employer must be a member of one of the groups authorized under section 91 of the IRPA.

If a paid representative is not authorized under the IRPA, ESDC/Service Canada will continue to process the application, but will communicate with the employer directly. However, a copy of a signed letter stating that the employer is no longer using the services of the original representative will be required before the employer can:

  • hire another paid authorized representative; or
  • work with an unpaid representative.

Employers who wish to appoint another representative must also submit a new Schedule A - Appointment of a Third-party Representative.

ESDC/Service Canada:

  • reserves the right to contact employers directly when further information or documentation is required.
  • will not mediate a dispute between an employer and a third-party representative nor communicate complaints to a regulatory body on an employer’s behalf. Employers who wish to file a formal complaint against their representative should contact the appropriate regulatory body (e.g. the provincial law society, the Chambre des notaires du Québec or the ICCR). For additional information on how to file a complaint, visit CIC.

Wages, Working Conditions and Occupations

Employers applying for a labour market impact assessment (LMIA) must pay the foreign worker:

  • at a minimum, the posted prevailing wage for the occupation and work location where the foreign worker will be employed; OR
  • a wage that is within the same wage range that they are paying their current employees working in the same occupation and same work location, if this rate is higher than the prevailing wage.

Employers must refer to the median wage published on Job Bank to determine the prevailing wage.


Step-by-step process to determine the prevailing wage of the position:

Step 1:

Determine if the available position is unionized or non-unionized,

  • If the position is unionized, proceed to the Unionized Positions section.
  • If the position is non-unionized, proceed to step 2.

Step 2:

Use the job title of the available position to conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed.

  • If the median wage is available on Job Bank, proceed to step 3.
  • If the median wage is listed as “N/A” for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage.

Step 3:

Determine if there are any workers currently employed in the same occupation and work location where the foreign worker will be employed.

  • If yes, proceed to step 4.
  • If no, proceed to the Prevailing Wage section.

Step 4:

Determine the wage range paid to the current employees working in the same occupation and work location where the foreign worker will be employed.

  • If the wage range paid to these workers is higher than the prevailing wage on Job Bank, employers must pay the foreign worker a wage that is above the prevailing wage and within the wage range.
  • If the wage paid to these workers is lower than the prevailing wage on Job Bank, proceed to the Prevailing Wage section.

Unionized Positions:

Employers hiring foreign workers for available positions which are part of a union must advertise and offer the same wage rates as those established under the collective agreement. The collective bargaining agreement will outline the terms and conditions of employment such as:

  • wages
  • benefits and
  • hours of work

Employers must offer the foreign workers these same terms and conditions and also submit a copy of the collective bargaining agreement, along with the LMIA application to ESDC/Service Canada.


Prevailing Wage:

Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the foreign worker’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the foreign worker is employed.

In addition, employers must ensure the wage offered to the foreign worker is not below any:

  • Applicable federal or provincial/territorial minimum wage rates; or
  • Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).

Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.


Working Conditions

Canadian law protects all workers in Canada, including foreign workers. The exploitation of a foreign worker is considered a violation of Canadian laws and human rights.

Employers must:

  • pay workers for all work (including overtime, where required by law);
  • make sure that the workplace is safe; and
  • allow for proper break time and days off.

Employment in most occupations is covered under provincial/territorial legislation that deals with labour and employment standards such as: hours of work, working conditions and termination of employment. In fact, every province/territory has a Ministry of Labour that can provide information to assist employers and foreign workers with questions or issues related to work.

Note:

Some employers are federally regulated and therefore are covered by the employment standards under the Canada Labour Code.


Occupations

Employers cannot force any foreign workers to perform duties for which they were not hired or trained (e.g. if an employer submits an application to hire a foreign worker as a welder, the duties given to the worker must correspond to that occupation and not those associated with a janitor).

Recruitment and Advertisement

Employers are required to conduct recruitment efforts to hire Canadian and permanent residents, before offering a job to foreign workers.

Recruitment

Recruitment is the process of finding and selecting qualified employees. All employers are encouraged to conduct ongoing recruitment efforts, including advertising the job or contacting the underrepresented groups that face barriers to employment.

Employers do not need a third-party representative or recruiter to conduct recruitment on their behalf in order to hire a foreign worker. However, if employers choose to use the services of a third-party representative or a recruiter, they must pay for all the fees associated with this service.

Note:

Under no circumstances, can the employer recover the advertising or recruitment costs from the foreign worker.


Variations to the advertisement requirements

There are variations to the recruitment and advertisement requirements for specific occupations and in particular provinces, including/territories. For a complete listing of exemptions, consult the Variations to the Minimum Advertising Requirements.


Advertisement

A job posting is an announcement of an employment opportunity in a public medium such as newspapers, on job posting website, etc. It provides a broad exposure of the vacancy to Canadian and permanent residents who would be potential candidates for the position.

To meet the minimum advertising requirements set by the Program, employers must advertise:

  1. On the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec.
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
    • The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market opinion is issued.
  2. Using 2 or more additional methods of recruitment consistent with the normal practice for the occupation.
    • as a minimum, employers must choose one method that is national in scope, since people in higher-skilled positions are often mobile and willing to re-locate for work; and
    • employers can choose one or more recruitment methods among these:
      • print media (national or provincial/territorial newspapers, national journals, magazines with national coverage, specialized journals, professional associations magazines, newsletters, etc.);
      • general employment websites (canadastop100.com, vault.com, workopolis.com, monster.ca, etc.); and,
      • specialized websites dedicated to specific occupation profiles (e.g. accounting, marketing, biotechnology, education, engineering, etc.)
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.

Note:

Employers must demonstrate that the print media and websites used to advertise, target an audience that has the appropriate education, professional experience and/or skill level required for the occupation.

The advertisement must include the:

  • Company operating name
  • Business address
  • Title of position
  • Job duties (for each position, if advertising more than one vacancy)
  • Terms of employment (e.g. project based, permanent position)
  • Wage (refer to Wages, Working Conditions and Occupations tab to determine the established rate for the specific occupation and geographic area)
  • Benefits package being offered (if applicable)
  • Location of work (local area, city or town)
  • Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and
  • Skills requirements:
    • Education
    • Work experience

Note:

  • Employers recruiting higher-skilled workers, in areas where the use of the Job Bank or its provincial/territorial counterparts is not considered an effective method of recruitment, must provide a written explanation of the alternative method used with their LMIA application
  • Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the ad must be listed under the employer's Canada Revenue Agency business number

Other methods of recruitment could include:

  • participation at job fairs;
  • partnering with training institutions or offering internships ;
  • Use of professional recruitment agencies;
  • Consultations with unions for available labour;
  • Advertising through professional associations; or
  • Recruitment within the company (e.g. considering internal candidates for the position).
    • A Human Resources Plan may outline:
      • the training opportunities for existing employees;
      • include a list of competencies for employees;
      • workshops and/or programs for professional development and career management; or
      • specific programs to target specific employees for advancement.

Note:

Employers must continue to advertise the available position and actively seek qualified Canadians and permanent residents until the date they receive notification that a Labour Market Impact Assessment has been issued.


Additional Advertisement Efforts

Employers may be required to conduct alternative or additional advertisement efforts such as, increased duration (length of time) or broader advertisement (whether local, regional or national). These additional efforts would be required if ESDC/Service Canada determines that it would likely yield qualified Canadian and permanent residents who are available to work in the occupation and region.


Proof of Advertisement

Employers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadian and permanent residents (e.g. copy of advertisement and information to support where, when and for how long the positions was advertised).

Records of the employers’ efforts should be kept for a minimum of 6 years. This documentation can be requested at any time by ESDC/Service Canada, as the Department has the authority to conduct inspections to verify an employer's compliance with the conditions in the Immigration and Refugee Protection Regulations (IRPR) (and confirmed in the LMIA letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker.

How to Apply

Employers who want to hire a foreign worker must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.

In essence, employers are applying for an opinion on the impact that hiring a foreign worker would have on Canada's job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.


Provincial/territorial variations to the application process

If the job is located in the province of:

  • Alberta - Employers must provide the Employment Agency Business Licence (if applicable).
  • British Columbia – Employers must provide the Employment Agency Licence (if applicable).
  • Manitoba – Employers must apply for a Certificate of Registration at Manitoba's Employment Standards Branch, Business Registration Unit, before sending the LMIA application to ESDC/Service Canada.
  • Nova Scotia – Employers must:
  • Quebec - The FSWP, FSTP and CEC do not apply to positions in this province as it manages its own program under the Quebec Skilled Worker Class
  • Saskatchewan – Employers must:

Step-by-step – Checklist

Employers must follow this step-by-step checklist to ensure that all the documents required are submitted, otherwise there will be delays in processing the application.

Complete, sign (where applicable) and submit the following documents:

  1. LMIA Application Form (EMP5593).
    Note:
    • Employers must provide the name of the foreign national they wish to hire at the time they submit their LMIA application.
    • The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa.
  2. Schedule A - Appointment of a Third Party Representative (EMP5575) (if applicable).
  3. Schedule B - Impact on the Canadian Labour Market (EMP5578) (if applicable).
  4. Schedule D – Skilled Trades Job Offer – Employer #2 (EMP5595) (if applicable).
  5. Job offer (signed by the employer and the foreign worker).
  6. Proof of recruitment (e.g. copy of advertisement and information to support where, when and for how long the position was advertised)
  7. Business registration or legal incorporation documents (if first LMIA application).
  8. Provincial/territorial/municipal business licence (where applicable and if first LMIA application).
  9. Canada Revenue Agency (CRA) documents, including:
    • T4 Summary of Remuneration Paid (most current year ending)
    • PD7A Statement of Account for current source deductions (for 12-month period preceding LMIA application).
    • CRA Schedules 100 and 125 - T2 Corporation Income Tax Return (for corporations only – 2 most recent returns filed).
    • T2125 Statement of Business or Professional Activities (for sole proprietorships/partnerships – 2 most recent returns filed)
  10. Commercial lease agreement (if applicable).
  11. Provincial documentation requirements:
    • Alberta – Employment Agency Business Licence (Alberta’s Fair Trading Act), if applicable
    • British Columbia - Employment Agency Licence (British Columbia's Employment Standards Act), if applicable.
    • Manitoba – Certificate of Registration (Manitoba’s Worker Recruitment and Protection Act).
    • Nova Scotia –Employer Registration Certificate (Labour Standards Code)
    • Saskatchewan - Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required, however employers must be registered).

Send all documentation:

Temporary Foreign Worker Program
Service Canada – Centre of Specialization
1 Agar Place, PO Box 7000
Saint John, NB E2L 4V4

Fax:
506-636-5028
506-636-5029
1-866-585-7524 (Toll free)

For assistance – phone:
Within Canada and the United States: 1-800-367-5693 (toll-free)
Outside Canada and the United States: 506-546-7569

Note:

A complete application means that employers have:

  • filled out all of the fields in all of the necessary forms;
  • included all of the required documentation;
  • signed the forms where required; and
  • submitted the fee payment with the application (if applicable).

If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.

Next Steps

Employment and Social Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a foreign worker would have on Canada's job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.


Labour Market Impact Assessment Process

All LMIA applications go through a systematic assessment process to:

  1. Verify if the employer is:
    1. eligible to participate in the Temporary Foreign Worker Program (TFWP). The list of ineligible employers appears on Citizenship and Immigration Canada's (CIC) Web site; and
    2. using an authorized third-party representative, if applicable.
  2. Verify the consistency of the job offer with federal-provincial-territorial agreements.
  3. Assess the genuineness of the job offer. The assessment is based on whether the:
    • Employer is actively engaged in the business related to the job offer;
    • job offered to the foreign worker is consistent with the employment needs of the employer;
    • employer can fulfil the terms and conditions of the job offer;
    • employer or the third-party representative is compliant with the relevant federal-provincial-territorial employment and recruitment legislation;
  4. Assess the language requirement of the job offer, to ensure that English and French are the only languages identified as a job requirement, unless employers can demonstrate that another language is a bona fide requirement for the job.
  5. Assess:
    • the impact of hiring a TFW on the labour market including:
      1. wages and working conditions offered;
      2. occupation in which the TFW will be employed;
      3. employer's recruitment and advertisement efforts;
      4. benefits to the labour market;
      5. consultations, if any, with the appropriate union; and the
      6. effect on the settlement of a labour dispute.
    • previous job offers that the employer has made to a TFW
      • Did the employer employ a TFW in the last 2 years, prior to December 31, 2013?
        • This is to determine whether the employer provided all TFWs employed by the company with wages, working conditions and employment in an occupation that was substantially the same as those that were described in the previous offer of employment (and confirmed in the LMIA letter and annexes?
      • Did the employer apply for and receive a positive LMIA on or after December 31, 2013 and employ a TFW in that position?
        • This is to determine whether the employer provided all TFWs employed on LMIAs received on or after December 31, 2013, with employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes) and with substantially the same wages and working conditions - but not less favourable than - those set out in that offer of employment (and confirmed in the LMIA letter and annexes)?

ESDC/Service Canada will ensure that the employer has met all the Program Requirements. Once the assessment process is complete, the employer will be notified in writing of the final decision.


Positive LMIA

The employer will receive a letter confirming the approval of the LMIA application. This positive LMIA is valid for 6 months from the date of issue. For privacy reasons, the letter will not include the names of the foreign workers. However, the letter and Annex A provide specific details about the job offer, such as the wages, working conditions and occupations as well as a system file number. The names of the workers will appear in Annex B which is intended for the employer's records only, and is NOT to be shared with the foreign worker as it is not required for the purposes of applying for a work permit or permanent resident visa.

The positive LMIA letter supports both the skilled worker’s application to CIC for a:

  • permanent resident visa under the FSWP, FSTP and CEC
  • work permit, if the employers wishes the foreign worker to start working while waiting for the outcome of the application for the permanent resident visa.

Once the positive LMIA letter is received, it is the employer's responsibility to:

  • • send a copy of this letter and Annex A to the foreign worker;
  • ask the foreign national to apply to the appropriate Canadian Visa Office, for a permanent resident visa to immigrate to Canada, or/and for a work permit. The foreign national must submit the appropriate application along with a copy of the:
    • written job offer signed by both the employer and the worker; and
    • positive LMIA letter and Annex A.

Permanent Resident Visa

Receiving a positive LMIA for an arranged employment offer does not allow a skilled foreign worker to automatically immigrate to Canada. In order for skilled foreign workers to become permanent residents, they must meet all the requirements under the Express Entry immigration process.

Work Permit

CIC will assess the foreign worker’s work permit application. If the assessment is positive, the foreign worker will receive a work permit to work for the employer and in the occupation named on the LMIA, under established working conditions, and for a particular duration in Canada.

Note:

Some countries may require that their citizens meet certain conditions if they want to work in Canada. Employers should:

  • ask the foreign worker to verify if additional conditions apply,
  • contact the consulate of the foreign worker's country in Canada; or
  • visit the consulate's Web site.

Once the foreign worker arrives in Canada, the employer must:

  • ensure that the worker is authorized to work and check the duration of the work permit;
  • verify that the foreign worker’s work permit indicates that it is for the employer, occupation and location named on the LMIA; and
  • keep records of the number of regular and overtime hours the foreign worker has worked on a weekly/monthly basis.
Note:

Employers are not allowed to take away the foreign worker’s identification documents such as passport, work permit or other identification.

Employers must apply for a new LMIA when they anticipate that their need for foreign workers will continue beyond the period covered by the work permit. The new LMIA application should be sent at least 4 months prior to the expiry of the work permit to ensure ESDC/Service Canada has sufficient time to process the application and for CIC to process the work permit extension.


Revocation of an LMIA

The revocation of an LMIA means overturning the decision based on new information, which changes the opinion from positive to negative.

An LMIA may be revoked if it has not yet expired, work permits or permanent resident visas have not been issued by CIC, and if one or more of the following circumstances apply:

  • The employer has provided materially false or misleading information.
  • New facts or information are brought forward after a positive LMIA has been issued, that would have changed the assessment of the application, resulting in a negative LMIA.
  • The opinion was based on an unintentional error as to some material fact.

The revocation of an LMIA is based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations (IRPR).


Negative LMIA

ESDC/Service Canada will issue a negative LMIA letter if the employer does not meet all the Program Requirements.


Employer Compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring foreign workers are expected to be compliant with the TFWP, by upholding the terms and conditions of employment as stated in the original job offer and set out in the positive LMIA letter and annex.

Employers must also follow all federal-provincial-territorial employment regulations and laws, as all workers in Canada have the same labour and human rights and social protections.

In accordance with the IRPR, (Section 203(1)(e)), employers who have hired a foreign worker within the past 2 years, prior to December 31, 2013, may be subject to an employer compliance review after submitting a new LMIA application.

This review, often known as an STS (substantially the same) assessment, requires employers to demonstrate that the foreign workers were provided with substantially the same:

  • wages;
  • working conditions; and
  • occupation, as set out in the positive LMIA letter and annexes.

Employers who applied for and have received a positive LMIA, on or after December 31, 2013, and employed a foreign worker in that position, must demonstrate they provided the foreign worker with:

  • employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes); and
  • substantially the same wages and working conditions - but not less favourable than - those set out in that offer of employment (and confirmed in the LMIA letter and annexes).

More information is available in the Employer Compliance section.