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Labour Market Impact Assessment (LMIA) Processing Times

Labour Market Impact Assessment is among the essential documents needed by both Canadian employers and foreign nationals.

If you intend to know about Labour Market Impact Assessment (LMIA) processing times for various application types, this article contains adequate information that are helpful to both canadian employers and foreign nationals.

A Labour Market Impact Assessment (LMIA) is often known as Confirmation Letter. Besides,  LMIA is a document that is usually gotten from Employment and Social Development Canada (ESDC).

Moreover, a positive LMIA from ESDC indicates that a Canadian employer or business has been unable to secure qualified workers within Canada to hire for a vacant job position.

Furthermore, LMIA serves as a confirmation of the necessity to employ a foreign national since a Canadian employer couldn’t find a Canadian employer or permanent resident for a job.

Hence, it is necessary for the Canadian employer to employ a foreign national from other countries to meet their labour needs.

More so, Labour Market Impact Assessment is among the essential documents needed by both Canadian employers and foreign nationals.

To Canadian employers, LMIA is required to demonstrate to Employment and Social Development Canada (ESDC) that you’ve been unable to find employable Canadian workers or permanent residents to take a job in your business.

Besides, foreign nationals need to receive a copy of the positive Labour Market Impact Assessment from their employer in order to apply for their work permit.

In addition, the foreign national will make use of the LMIA, LMIA number, along with their job offer letter, contract, and other supporting documents to apply for a Canadian work permit.

Even though Labour Market Impact Assessment is usually required by Canadian employers when they want to hire a foreign national, LMIA application is also unnecessary in some cases.

Thus, the Canadian employer will have to hire the foreign national through International Mobility Program (IMP) without applying for LMIA.

Labour Market Impact Assessment (LMIA) processing fee

As LMIA applications are normally initiated by Canadian employers, the employer will be charged for an application fee of 1,000 CAD.

Labour Market Impact Assessment (LMIA) processing times

Labour Market Impact Assessment (LMIA) processing times vary on the application type. Immigration, Refugees and Citizenship Canada (IRCC) considers several factors before making a decision on LMIA applications.


Moreover, the processing times for LMIA application is approximated to take the same number of days in all processing centres before Employment and Social Development Canada (ESDC) makes a decision on them.

As at May 2021, the following are the approximated processing times for Labour Market Impact Assessment (LMIA).

LMIA application type Approximated LMIA processing time
Global Talent Stream (GTS) 13 working days
In-home caregivers 16 working days
High-wage stream 31 working days
Low-wage stream 38 working days
Permanent residence stream 16 working days
Agricultural stream 14 working days
Seasonal Agricultural Worker Program (SAWP) 8 working days

Labour Market Impact Assessment exemption through International Mobility Program (IMP)

International Mobility Program makes it possible for Canadian employers to hire foreign nationals without applying for a Labour Market Impact Assessment (LMIA).

Besides, IMP usually requires the submission of a job offer via the Employer Portal.

Additionally, as regards to Sections 204 – 208 of Immigration and Refugee Protection Regulations (IRPR), some policies were stated for Canadian work permits that are exempted from Labour Market Impact Assessment applications.

Hence, IRPR provided some LMIA exemption codes with regulation sections as follows.

  • R204 – International agreements
  • 205 – Canadian interests
  • R206 – No other means of support
  • 207 – Permanent residence applicants in Canada
  • R207.1 – Vulnerable workers
  • R208 – Humanitarian reasons

R204: International Agreements

R204(a) Canada-international exemption codes

Regulation sections LMAI exception codes
Non-trade

Unique work situations:

  • Airline personnel (operational, technical and ground personnel)
  • USA government personnel
T11
Trader (FTA) T21
Investor (FTA) T22
Professional/technician (FTA) T23
Intra-company transferee (FTA) T24
Spouse (Colombia or Korea FTA) T25
GATS professional T33
Investor (CETA) T46
Contractual service supplier (CETA) T47
Independent professional (CETA) T43
Intra-corporate (company) transferee (CETA) T44
Spouse (CETA) T45
Investor (CPTPP) T50
Intra-company transferee (CPTPP) T51
Professional or technician (CPTPP) T52
Spouse (CPTPP) T53
R204(b) Provincial/territorial-international exemption codes
No approved agreements for now
R204(c) Canada-provincial/territorial exemption codes
Canada-provincial/territorial T13
Atlantic Immigration Pilot Program C18
R205: Canadian interests

R205(a) Significant benefit exemption codes

Significant benefit

Unique work situations:

·       Airline staff (foreign airline security guards)

·       Interns with international organizations recognized under the Foreign Missions and International Organizations Act

·       Rail grinder operators, rail welders, and other specialized track maintenance workers

·       Professionals on a mission, working for a United Nations (UN) office in Canada

·       Foreign medical practitioners who are coming to work in Quebec

C10
Entrepreneurs

Unique work situations:

·       Fishing guides (Canadian lakes)

·       Foreign camp owner or director, and outfitters

·       Foreign freelance race jockeys

C11
Intra-company transferees (including GATS)

Unique work situations

·       Airline personnel (station managers)

C12
Emergency repair or repair personnel for out-of-warranty equipment C13
Television and film production workers C14
Francophone mobility C16
Live-in caregivers whose permanent residence application is submitted A71
Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit) C90
Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP C91
Bridging open work permits (BOWPs) A75
·       Caregivers under the HCCPP or HSWP
Unique work situations

·       Certain Quebec Selection Certificate (CSQ) holders currently in Quebec

A75

R205(b) Reciprocal employment exemption codes

Reciprocal employment

Unique work situations:

·       Fishing guides (border lakes)

·       Residential camp counsellors

·       USA government personnel (family members)

C20
Youth exchange programs C21
Academic exchanges (professors, visiting lecturers C22
Performing arts C23

R205(c) Designated by Minister

R205(c)(i) Research exemption codes

Research C31
i.1) Educational co-op (post-secondary) C32
i.2) ”  co-op (secondary level) C33

R205(c)(ii) Competitiveness and public policy exemption codes

Spouses of skilled workers C41
 ” of students C42
Post-grad employment C43
Post-doctoral Ph.D. fellows and award recipients C44
Off-campus employment For concerned students seeking for off-campus work with a study permit
Medical residents and fellows C45

R205(d) Charitable or religious work exemption code

Religious work C50
Charitable work C50

R206 LMIA exemption codes: No other means of support

a)      Refugee claimants S61
b)      Persons under an unenforceable removal order S62

R207 exemption codes for permanent residence applicants in Canada

Permanent residence applicants in Canada:

a)      Live-in-caregiver class

b)      Spouse or common-law partner in Canada class

c)       Protected persons under subsection A95(2)

d)      Section A25 exemption (humanitarian and compassionate grounds)

e)      Family members of the above

A70

R207.1 exemption codes for vulnerable workers

Vulnerable workers A72
Family member of vulnerable worker A72

R208 exemption codes for humanitarian reasons

Destitute students H81
Holders of a temporary resident permit valid for a minimum of 6 months H82

FAQs about Labour Market Impact Assessment (LMIA) processing times

Q. What is Labour Market Impact Assessment?

Ans Labour Market Impact Assessment (LMIA) is previously known as Labour Market Opinion (LMO), and is often required by Canadian employers in recruiting a foreign national for a job without having any significant impact on Canada’s labour market.

Q. How long does it take to obtain a Labour Market Impact Assessment?

Ans It usually take a different number of days to process an LMIA depending on the type of Canadian visa/permit being applied for.

Thus, here are the approximated numbers of days that it takes to obtain a LMIA.

  • Permanent residence stream – 16 working days
  • Agricultural stream – 14 working days
  • Seasonal Agricultural Worker Program (SAWP) – 8 working days
  • High-wage stream – 31 working days
  • Low-wage stream – 38 working days
  • In-home caregivers – 16 working days
  • Global Talent Stream (GTS) – 13 working days

Q. What is Labour Market Impact Assessment (LMIA) application fee?

Ans Canadian employers are required to pay 1,000 Canadian Dollars for each foreign national that he/she want to hire.

Q. How to get Labour Market Impact Assessment (LMIA)?

Ans If you’re a Canadian employer who wants to get a Labour Market Impact Assessment, you need the following documents to further with your application.

  • Labour Market Impact Assessment form (EMP5593)
  • If applicable, Schedule D – Skilled Trades Job offer. Employer #2 (EMP5595)
  • Proof of business legitimacy
  • Letter of job offer, which has been signed by the Canadian employer, and also by the foreign national
  • Proof of advertisement (The advertisement proof should indicate when, where, as well as the duration of the job advert)

Q. Can I hinder delays in Labour Market Impact Assessment application processing times?

Ans Yes, you can hinder delays in your LMIA application by guaranteeing that the LMIA application form is properly filled out.

Also, you need to ensure that you’re always available to Service Canada when more document(s) or information is/are required

Q. What Labour Market Impact Assessment jobs have high demands by Canadian employers?

Ans – Examples of highly demanded LMIA jobs in Canada includes registered nurses, web designers, caregivers, civil engineers, software engineers, truck drivers, oil and gas drillers, construction managers, farm supervisor, electrician, and more.

Q. What is the next step after receiving a positive Labour Market Impact Assessment (LMIA)?

Ans – After receiving a positive LMIA from ESDC, the next step for Canadian employers is to send a copy of the approved LMIA to the foreign national.

More so, the foreign national will have to use the LMIA copy received from the employer, the LMIA number, and other supporting documents to apply for his/her Canadian work permit.