LMIA-BASED WORK PERMIT
In order for employers to hire a Temporary Foreign Worker (TFW) and to obtain a Canadian Work Permit, it usually require a Labour Market Impact Assessment (LMIA).
2 Steps to receive a Canadian Work Permit:
Generally, foreign nationals and employers must go through a two-step process in order to receive a Canadian work permit.
The employer must submit an application to Employment and Social Development Canada (ESDC) for a Labor Market Impact Assessment (LMIA).
What is a Labor Market Impact Assessment (LMIA)?
A Labor Market Impact Assessment (LMIA) is a document that an employer in Canada need to get before hiring a foreign worker. It is a proof that there is a need for a foreign worker to fill the job and the employer was not able to find a Canadian worker or permanent resident to perform the duties required by the job.
The Government of Canada set this rule to ensure jobs, first, for Canadian citizens or permanent residents. But these requirements also protect the rights of a potential foreign worker. It ensures a foreign national to enjoy the same payments standards and benefits according to federal and provincial standards.
LMIA is issued by ESDC who, after considering numerous protective labour market factors, authorizes the Canadian employer to hire a foreign worker. They assesses an offer of employment to ensure that hiring a foreign worker will not have a negative impact, but will have a positive or neutral impact on the Canadian labor market.
The applicant must submit an application to Citizenship and Immigration Canada (CIC) for the actual work permit.
Once an employer has obtained a positive Canadian LMIA, a foreign national candidate can finally use it in their application to Citizenship and Immigration Canada (CIC) for the actual Canadian temporary work permit.
Take note that LMIA is not always needed to obtain a temporary work permit for Canada, there are certain situations that avoid it. (See LMIA-exempt for more details.)
To apply for an LMIA based work permit for Canada, the candidate must include both the written job offer and the positive LMIA. The additional documents depend on the province and on the nature of the work.
It is important to understand that a work permit does not allow a foreign national to live in Canada on a permanent basis, but it can be a starting point for obtaining permanent residence through various immigration programs.
Do you want to know your own pathway to become a permanent resident? We can help you with that. Contact us and let us help you prepare your LMIA application and find a pathway to permanent residency!
