LMIA – Based Permits

LMIA applications for jobs in Canada can be submitted up to six months before the employee’s start date. It depends on what wage you will receive, if any, and how much flexibility you need. The application process goes as follows:

1. Employer Eligibility:
   • Before applying for an LMIA, the Canadian employer must ensure they are eligible. This typically means that they are a legitimate business or organization operating in Canada and have made efforts to hire Canadian citizens or permanent residents for the job position.
2. Job Advertisement:
   • Employers must advertise the job position to Canadian citizens and permanent residents in a manner specified by Employment and Social Development Canada (ESDC). This includes advertising in multiple locations, such as on job boards and websites, for a specific duration.
3. LMIA Application Submission:
   • Once the job advertisement period has concluded, the employer can submit an LMIA application to ESDC. The application must include comprehensive details about the job, the recruitment efforts made, and a plan for transitioning to a Canadian workforce.
4. LMIA Processing Time:
   • The processing time for an LMIA application can vary depending on factors such as the type of LMIA (high-wage or low-wage) and the volume of applications being processed by ESDC. Generally, high-wage LMIAs may have a faster processing time compared to low-wage LMIAs.
5. Assessment by ESDC:
   • ESDC will assess the LMIA application to determine if the employer has demonstrated a legitimate need for a foreign worker. They will consider factors such as the job advertisement results, the wage offered, and the impact on the Canadian labour market.
6. Employer Compliance:
   • Employers must ensure that they comply with all the conditions set out in the LMIA application. This includes offering the wage as specified, providing the job as described, and adhering to the transition plan for hiring Canadian citizens or permanent residents.
7. LMIA Decision:
   • ESDC will provide a decision on the LMIA application. If the application is approved, the employer will receive a positive LMIA, which is a crucial document for the subsequent work permit application.
8. Foreign Worker Work Permit Application:
   • With a positive LMIA in hand, the foreign worker can apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC). The work permit application will require proof of the positive LMIA, along with other supporting documents.
9. Work Permit Issuance:
   • Upon approval of the work permit application by IRCC, the foreign worker will be issued a work permit that allows them to work in Canada for the specified duration and under the conditions outlined in the LMIA.
10. LMIA Compliance Monitoring:
    • ESDC may conduct compliance checks on employers who have received positive LMIAs to ensure they are fulfilling their obligations as outlined in the application. Failure to comply with LMIA conditions can result in penalties and potential revocation of the LMIA.