Labour Market Impact Assessment
What Is a Labour Market Impact Assessment (LMIA)?
A Labour Market Impact Assessment (LMIA) is a document provided by the Employment and Social Development Canada (ESDC) to assess what kind of effects hiring international workers will have in Canada. The ESDC’s main aim is to ensure that all Canadians have a higher quality of life by endorsing a highly-skilled, efficient and inclusive workforce to boost Canada’s labour market. Once the ESDC has assessed whether or not it is viable to hire an international worker there will either be a positive or negative outcome. A positive LMIA shows that an employer was unable to fill a particular job in Canada with a Canadian or a permanent resident that is suitable for the position. A negative LMIA shows that there are sufficient Canadian or permanent resident candidates that are eligible to fill the vacant job position.How Do I Apply for an LMIA?
The short answer is that you won’t have to. The onus is on your prospective employer to request an LMIA at least six months before the start date of your contract. Employers will have different application procedures depending on your wage and the median wage of the province or territory you will be working in. Low-wage positions will require more processes than high-wage positions. Below is a list of median wages in each Canadian province/territory:| Median Hourly Wage by Province or Territory | |
|---|---|
| Province/Territory | Median hourly Wage as of May 11, 2020 |
| Alberta | $27.28 |
| British Columbia | $25.00 |
| Manitoba | $21.60 |
| New Brunswick | $20.12 |
| Newfoundland and Labrador | $23.00 |
| Northwest Territories | $34.36 |
| Nova Scotia | $20.00 |
| Nunavut | $32.00 |
| Ontario | $24.04 |
| Prince Edward Island | $20.00 |
| Quebec | $23.08 |
| Saskatchewan | $24.55 |
| Yukon | $30.00 |
How Do I Get an LMIA job?
There are various streams and areas of employment that will require an LMIA:- In-home Caregivers;
- Agricultural Workers;
- Foreign Research Academics;
- Temporary Foreign Worker Program applicants; and
- Those who want to work in Quebec.
What is an LMIA-Exemption?
An LMIA-exemption is when a Canadian employer does not need to apply for an LMIA when hiring a foreign worker. These are usually indexed and arranged through the International Mobility Program.
What is the International Mobility Program?
The International Mobility Program (IMP) allows Canadian employers to hire foreign workers without an LMIA under various programs. Unlike the Temporary Foreign Worker Program (TFWP), the IMP was designed to help foreign workers find their way to Canada to improve the economic and cultural development in a much broader sense. Employers will need to meet the following requirements to hire foreign workers through the IMP:- Prove that the job or worker meets the requirements for LMIA-exemption;
- Pay the compliance fee; and
- Submit an official job offer via the IMP Employer Portal.
Open Work Permits
There are certain work programs that do not require an LMIA due to the fact that it allows you to work for any employer in Canada and only require having an open work permit. These programs include:- Post Graduation Work Permit Program;
- International Experience Canada (IEC);
- Inland Spousal Or Common-law Sponsorship Program; and
- Bridging Open Work Permit.
Global Talent Stream
The Global Talent Stream was designed to help bring highly skilled and specialized talent to Canada quickly through fast-tracked visa processing and boost Canada’s labour market to be able to compete on a global scale. As a result, employers hiring skilled workers under the GTS will automatically receive a positive LMIA. Employers will either need to apply through Category A, which requires being referred by a GTS partner, or through Category B which requires that the position to be filled appears on the specified list of occupations.International Agreements
Canada also has various agreements with specific countries that allow foreign workers to accept job offers without needing a Labour Market Impact Assessment (LMIA). These Free Trade Agreements include:- North American Free Trade Agreement;
- Canada-Chile FTA/Canada-Peru FTA/Canada-Columbia FTA/Canada-Korea FTA/;
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA); and
- General Agreement On Trade In Services.
Canada Interest Exemptions
Canada also has a category whereby foreign nationals can fill jobs in Canada without an LMIA if it can be demonstrated that it will be a significant cultural or social benefit for Canadians. This will be reliant on the applicants’ past successes, recommendations and testimonials from those in a relevant field of expertise.Intra-Company Transfers
If the company you are working for in your home country or outside of Canada wants to transfer you to a branch in Canada, you may also be exempt from an LMIA application.Humanitarian and Compassionate LMIA-Exemptions
Canada is one of the countries that offer refuge to people who want to move to Canada and start a new life. In these exceptional cases, the government will review your application and could grant an LMIA exemption.Facilitated LMIA – Quebec
Quebec has its own immigration processing system that is different from the federal immigration processes, so it stands to reason that its LMIA processing procedure differs slightly. Quebec employers will need to adhere to the following procedures:- Submit application in French except for In-Home Caregivers;
- No job advertising requirements or proof of an attempt to hire a Candian citizen or permanent resident needed;
- Only high demand where there are labour market shortage may be eligible; and
- LMIA application must be approved by federal (ESDC) and provincial (Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) authorities.
What Happens Once My LMIA is Approved?
If a Labour Market Impact Assessment is approved or deemed positive it will be valid for 6 months. Sometimes an LMIA may be approved in as little as 10 days. You will then be notified by your employer to say that you can apply for your work permit or permanent residency. It is important to ensure that you receive a copy of the LMIA and job offer from your employer as you will need it when you apply for your work permit.Ready to Get to Work?
Before starting on your Canadian journey, it’s important to know whether or not you will need an LMIA or not. As outlined above, various programs and immigration categories are on offer for temporary foreign workers who are just as much an integral part of the development and growth of the Canadian economy as permanent residents and citizens are.
Once your Labour Market Impact Assessment (LMIA) has been approved and you have your official job offer you’ll need to apply for your Canadian work permit. Requirements may differ slightly from program to program as well as if you are applying for work in the province of Quebec. Need help with your application to work in Canada? Simply click the link below to speak to one of our highly qualified consultants for more information about the Labour Market Impact Assessment, as well as the visa and work permit application process.
LMIA Requirements
The LMIA application process can be quite labour intensive and needs a lot of detailed supporting documents. Your employer will have to meet the following requirements to receive a positive LMIA:1. Show that they could not fill the job locally
Your employer must have advertised the vacant position for a minimum of 4 consecutive weeks in the last three months before applying for an LMIA. This should be done on the Government jobsite, JobBank. You can submit invoices from paid job platforms or supporting copies and documents as proof.2. Develop a transition plan or a labour market benefits plan
Your employers must produce a transition plan which will need to be submitted with your LMIA application. A transition plan should describe in detail what attempts the employer plans to undertake to recruit, retain, and train Canadians and permanent residents to reduce their reliance on the TFWP. For highly skilled positions, like those that fall under the Global Talent Stream, employers must develop a labour market benefits plan that describes how hiring a highly-skilled foreign worker will benefit the Canadian labour market.Exemptions include:
- Caregivers
- Position under the Seasonal Agricultural Worker Program and the Agricultural Stream
- Jobs in Canada that are time-limited in nature such as emergency repair work
- Unique skills that very few people possess such as senior managers under skills level 00
3. Draw up an employment contract
An employment contract must be prepared and signed by the employer and the temporary foreign worker to ensure that all parties involved are aware of their rights and obligations. The temporary foreign worker must sign it before arriving in Canada.4. Meet additional requirements for low-wage positions
Additional work benefits like transportation, affordable housing, and healthcare must be arranged and provided for low-wage foreign workers. The ESDC may conduct inspections to ensure employers adhere to these requirements.5. Pay the LMIA application fees
Employers must pay a CAD $1,000 professing fee for the Labour Market Impact Assessment application. Employers may be exempt from paying the application fee if they are hiring through the Caregiver Stream and the Agriculture Worker Streams. An LMIA is valid for six months after it is issued to a Canadian employer.What’s Next?
Now that you have your LMIA, you will be able to apply for your Canadian work visa. You will need the following documents to apply:- Your job offer letter
- Your employment contract
- A copy of the LMIA; and
- Your LMIA number
Immigration FAQ’s
Your Comprehensive Ranking System (CRS) is based on the following factors:
- Provincial Nomination;
- Offer of employment;
- Core capital factors;
- Your common-law partner or spouse;
- Skill transferability;
- Previous Canadian study experience;
- Siblings in Canada; and
- French and English Ability
Provincial Nomination (600 Points)
600 points are awarded for an enhanced Nominee certificate from a province in Canada through the Provincial Nominee Program (PNP).
Job Offers (50-600 Points)
A Canadian job offer will also earn you points; the number of points is based on the NOC level of the particular job.
Core Human Capital Factors (600 Points)
These take into account your level of education, for example:
- Certificate;
- Diploma; or
- Degree
If you intend to gain higher qualifications, your score will increase. This same point system applies to your legal partner or spouse if you applied together.
Language (150 Points)
Improving your language skills in either English or French through a recognized Canadian institution can also raise your CRS score.
Work Experience
The more experience you have, the more points you earn. This also applies to your legal partner or spouse.
You must:
- Meet all the requirements of the:
- Federal Skilled Worker Class (FSWC);
- Federal Skilled Trades Class; or
- Canadian Experience Class
You must register with the Canadian Job Bank within 30 days unless:
- You have arranged employment from a Canadian employer; or
- You have received a nomination through the Provincial Nominee Program
You must have a Labour Market Impact Assessment in order to earn Comprehensive Ranking System points, unless you:
- Have worked full time for an employer with a work permit for a least one year (or a part-time job for an equal amount of time);
- Have a valid job offer from a Canadian employer that is for at least one year in duration; or
- Have a valid employer specific temporary work permit exempt under code R204 (a), (c) or R205
If you qualify for any of the Federal Programs, you have 30 days from when you submit your profile to complete the rest of the requirements like registering with the Job Bank. If you do not, your Express Entry profile cannot be activated.
There are three programs to apply for under Express Entry:
- Skilled Federal Worker Program (SFWP);
- Skilled Federal Trades Program (SFTP); or
- Canadian Experience Class (CEC)
The following factors affect your eligibility:
Work Experience
You must:
- Have gained relevant work experience for a job listed in the National Occupation Classification (NOC). Note: Work experience gained in another occupation you have not applied for does not apply;
- Have gained work experience in the past 10 years;
- Have received payment for your work;
- Have a job at skill level 0, A or B;
- Have a year’s worth of work experience (minimum 1,560 hours); and
- Prove that your work experience fits the requirements of the NOC
Language Ability
You must:
- Meet the minimum language level set by the Canadian Language Benchmark (CLB);
- Take a language proficiency test That is approved by IRCC;
- You must meet the language requirements for either French or English; and
- Your language test results must not be more than two years old when you apply
Education
You must:
- Have completed canadian secondary education; and a tertiary certificate, diploma or degree;
- Have completed foreign credentials; or
- Have an Educational Credential Assessment (ECA) approved by IRCC
Proof of Funds
You must prove you can support yourself and your family financially, unless:
- You are working in Canada; or
- You have a valid job offer from a Canadian employer
Additional Factors to Be Considered
- Age;
- Valid job offers; and
- Adaptability
This program is aimed at people who wish to become permanent residents (PR) of Canada. This only applies to people who qualify in a skilled trade.
Minimum Requirements
You must:
- Plan to live outside of Quebec (The province has its own Quebec Skilled Worker Program);
- Meet the language requirements for English and French;
- Have two years’ work experience in a skilled trade (or equal amount of experience in a part time position;
- Have work experience within the past 5 years;
- Meet the job requirements in the National Occupational Classifications;
- Have a full-time job offer from a Canadian employer for a minimum of one year; or
- A certificate of qualification for that skilled trade that is confirmed from the Canadian provincial or territorial government authority
Skilled Work Experience
These skilled trades are involved in the Federal Skilled Trades Program as ranked by the National Occupational Classification.
| Group Number | Job Description |
|---|---|
| 72 | Industrial, construction or electrical trades |
| 73 | Equipment operation and maintenance |
| 82 | Technical and supervisors in:
|
| 92 | Processing, manufacturing and utilities supervisor Central control operators |
| 632 | Cooks and chefs |
| 633 | Bakers and butchers |
Education
You do not need a specific qualification for this program, but you can earn more CRS points if you have:
- Foreign qualifications;
- An Educational Credential Assessment (ECA) approved by IRCC;or
- A Canadian certificate, diploma or degree
Language Ability
- Pass the Canadian Language Benchmark test at minimum language level;
- The language test must be approved by IRCC; and
- Your test results must not be older than two years when you apply.
Be assessed by the province or territory
Each of the provinces or territories have different requirements for the skilled trade industry.
Minimum Requirements
Minimum Requirements
You must:
- Have skilled work experience for at least 12 months (either full time or part time for the same amount of time) within three years before you apply;
- Have the required language skills needed for your job;
- Have gained experience in Canada with proper authorization;
- Have the language proficiency needed for your job; and
- Have plans to live outside of Quebec
Skilled Work Experience
Work experience must be gained in the following job levels based on the National Occupational Classifications.
| Job Description | Skill Type |
|---|---|
| Technical jobs | B |
| Skilled trades | B |
| Professional jobs | A |
| Managerial jobs | 0 |
Education
You do not need an education to apply for this program, but you can score higher if you:
- Have a high school diploma, tertiary diploma or degree;
- Have an Educational Credential Assessment (ECA) approved by IRCC; or
- Have completed foreign credentials
Language Ability
To qualify you must score well in the various language tests determined by the CEC.
| Canadian Language Benchmark Score Needed | Job Level (NOC) |
|---|---|
| 7 | 0 |
| 7 | A |
| 5 | B |
The language test must be approved by IRCC and must not be older than two years when you apply.
- Have skilled work experience for at least 12 months (either full time or part time for the same amount of time) within three years before you apply;
- Have the required language skills needed for your job;
- Have gained experience in Canada with proper authorization;
- Have language levels need for your job; and
- Have plans to live outside of Quebec
Note:work experience gained as a student or a self-employed individual does not count.
Skilled Work Experience
Work experience must be within three years of applying for the Canadian Experience Class. Work experience must be gained in the following job levels as based on National Occupational Classifications.
| Job description | Skill Type |
|---|---|
| Technical jobs | B |
| Skilled trades | B |
| Professional jobs | A |
| Managerial jobs | 0 |
Education
You do not need an education to apply for this program, but you can score higher if:
- have a high school diploma and/or tertiary diploma or degree;
- have an Educational Credential Assessment (ECA) approved by Immigration, Refugees and Citizenship Canada; or have
- completed foreign credentials
Note: Only apply for an Educational Credential Assessment (ECA) if your foreign education is either equal to, or higher than the Canadian education standard.
Language Ability
To qualify you must score well in:
- the Canadian Language Benchmark; and
- the language tests
| Canadian Language Benchmark score needed | Job level (NOC) |
|---|---|
| 7 | 0 |
| 7 | A |
| 5 | B |
The Language Test must be approved by the Immigration, Refugees and Citizenship Canada .These tests are based off your French and English ability to:
- Read;
- Speak;
- Listen; and
- Write
Your test results must be included if you are applying for this program through the Express Entry program. Note: these tests must not be older than two years when you apply.
Principal Applicant
When you apply for the Express Entry, and want to immigrate with your common law partner, you must choose who will be the principal applicant.
Note: a common law partner is a person who has been married to you for one year. This applies for same sex and opposite sex partners.
Choose the principal applicant by looking at who will score the highest points under the Express Entry program.
Inadmissibility
You may be inadmissible if you are:
- Considered a security risk;
- Lied about information in your application or interview;
- Have ties to organised crime;
- Can’t support yourself financially;
- Have terrible financial health;
- Committed a crime outside of Canada;
- Do not qualify under Canada’s immigration laws; and
- Have a family member that is not allowed in the country
Choosing Where To Live
Note:under the Express Entry you can apply to live in other provinces/territories in Canada, except Quebec. This province has its own set of requirements needed for you to enter.
These are the factors that are used to calculate CRS Points
- Age (max 110 points);
- Education (max 150 points);
- Language proficiency (max 160 points);
- Canadian Work Experience (max 80 points);
- Skills Transferability (max 100 points); and
- Additional Factors (max 600 points)
A legal agent is an authorized representative that must be:
- A paralegal or lawyer who has a good relationship with the provincial or territorial legal societies of Canada;
- A Regulated Canadian Immigration Consultant (RCIC) who has a good relationship with the Immigration Consultants of Canada Regulatory Council; or
- A notary who has a good relationship with the Chambre des notaires du Québec
Note: An unauthorized agent will not be able to help you with your application.
If you want to ensure that your Registered Canadian Immigration Consultant (RCIC) is an authorized consultant, you can check with the Immigration Consultants of Canada Regulatory Council (ICCRC).
The ICCRC’s website has a register of all the persons that are qualified to be Canadian Immigration Consultants. Any individual who claims to be a legal consultant will have a RCIC code. If there are no results for a person’s RCIC code, then they are not a legal Canadian Immigration Consultant.
