A Guide to LMIA Work Permits in Canada 2024

Labour Market Impact Assessments (LMIA) are a crucial part of securing work permits for many foreign nationals looking to work in Canada. Understanding the LMIA process is key for employers and employees alike to navigate Canada's immigration system smoothly. This guide will provide an overview of LMIA work permits, requirements, application process, costs and tips for success when applying.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment, or LMIA, is a document that a Canadian employer must get approved by Employment and Social Development Canada (ESDC) before they can hire most foreign nationals. It is evidence that there is a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available.

The LMIA process examines the potential impact that hiring a foreign national on a work permit would have on Canada's labor market. It aims to ensure protecting work opportunities for Canadians and permanent residents first and foremost.

Why Get a LMIA Work Permit? 

There are a few key reasons a foreign worker may need to get an approved LMIA before obtaining a work permit and entering Canada for employment:

• The worker does not qualify for an LMIA-exempt work permit in Canada. These are permits that do not require an LMIA such as NAFTA, intra-company transfers etc.
• The worker wants to eventually apply for permanent residence in Canada through the Express Entry system. Most economic immigration programs require at least 1 year of skilled work experience in Canada on a work permit.
• The worker's profession is not LMIA-exempt. They must get an LMIA approved if their intended job is not on the LMIA exemption list.
• The employer wants to directly hire a foreign worker rather than using the Express Entry system or provincial nominee programs. 

Having a valid LMIA and work permit can open doors to living and working in Canada both short and long-term. It is an important document for many organizations hiring from abroad.

LMIA Work Permit Application Process

The overall process for obtaining an LMIA work permit generally follows these steps:

1. Employer gets an LMIA approved: The Canadian employer prepares an application to ESDC requesting approval to hire a foreign worker for a specific job. Most details of the job offer must be disclosed.
2. LMIA issued: If approved, ESDC issues a positive LMIA letter setting out the details of the job offer and authorization period. This is sent to the employer.
3. Worker applies for work permit: Once the LMIA is issued, the foreign worker can apply to Immigration, Refugees and Citizenship Canada (IRCC) for the actual work permit, submitting the LMIA letter.
4. Work permit issued: If approved, IRCC issues the LMIA-based work permit. The worker can then enter Canada to start working.
5. Worker applies for PR (optional): After working for the employer under the work permit for at least 12 months, an application for permanent residence can be submitted through Express Entry.

It is a step-by-step process that requires both the employer and employee to play an active role. Strong preparation is key for LMIA success.

LMIA Employer Requirements

There are quite a few mandatory requirements for Canadian employers applying for an LMIA on behalf of a foreign worker. These include:

• Proving need - Employers must show there is an economic need for the foreign worker and that they were unable to find any qualified Canadians/PRs to fill the role. This includes providing detailed recruitment efforts.
• Job description and offer - Written job offer with wages/working conditions that match Canadian standards for that occupation. Key details like location, hours, salary, benefits must be disclosed.
• Financial capacity - Proof the employer can adequately pay the worker's wages and remains financially stable. Revenue statements and tax documents may be requested.
• Registration - Employers should be registered and eligible to operate in Canada, such as having a CRA business number and provincial licenses/registrations if required.

The employer carries the burden of proof and risk in the LMIA process. Thus, ensuring all I's are dotted and T's crossed is crucial.

LMIA Work Permit Fees & Costs

There are a few different fees involved in obtaining an LMIA-based work permit:

• LMIA employer fees - CAD$1,000 fee for each position requesting a foreign worker 
• Work permit fee - CAD$155 for worker's work permit application 
• Biometrics - CAD$85 for fingerprints and photo (if applicable)
• LMIA legal fees - If using an immigration lawyer, additional legal fees of $2,000+
• Translations - Any documents not in English/French must be professionally translated 
• Recruitment costs - Mandatory advertising and recruitment efforts to hire Canadians first
• Travel costs - Worker's expenses to travel to Canada once work permit issued

While not inexpensive, the cost of an LMIA and work permit can absolutely be worth it for the right foreign candidate.

LMIA Work Permit Processing Time

Currently, the LMIA processing time can take anywhere from 4 to 8 months once a complete application is submitted. However, this varies and some applications take longer, especially if follow up requests are made. 

The LMIA validity period is usually 6 months or 1 year, giving the worker time to then get their work permit. The work permit application itself generally takes 2 to 3 months to process once the LMIA is issued.

Tips for LMIA Success

Follow these key tips when preparing an LMIA work permit application:

• Provide extensive proof of recruitment efforts to hire Canadians/PRs first
• Get detailed letters of reference from past employers of the worker
• Make sure the job offer wages/working conditions meet or exceed the median for that occupation 
• Have a clearly documented need for the foreign worker's unique skills and experience
• Get help from an experienced Canadian immigration lawyer if possible
• Make sure all employer registration/licensing documentation is complete
• Be extremely thorough in compiling and translating all documentation

The LMIA process requires diligence and patience. But with careful preparation and persistence, it is possible to get a positive decision.

Conclusion

LMIA based work permits allow Canadian employers to hire qualified foreign talent when no Canadians/permanent residents are available. While the application process is detailed, it can be successfully navigated by submitting a strong and complete application. With the right foreign candidate, the investment involved in obtaining an LMIA and work permit is well worth the access to skills and experience that can benefit an organization.