Labour Market Impact Assessment (LMIA)
Labour Market Impact Assessment (LMIA) is one of the vital documents that is needed by a Canadian employer in the process of hiring a foreign worker in their company or establishment. Hence, a positive Labour Market Impact Assessment is also known as a confirmation letter. It demonstrates the necessity of the employer to hire a foreign worker for a specific job position.
Before hiring a temporary foreign worker through the Temporary Foreign Worker Program in Canada a Labour Market Impact Assessment, LMIA is important and often required. If there is no Canadian citizen for the job, the TFWP then permits them to fill positions with foreign workers.
Labour Market Impact Assessment (formerly Labour Market Opinion (LMO)) application requires few processes, and is required by foreign workers to apply for their Canada work permit. If you are feeling worried on how to get Labour Market Impact Assessment, we are here to guide you.
During the verification process for LMIA, Employment and Social Development Canada or simply (ESDC) assesses employment offers to ensure that employing a foreign worker will have no negative impact on the labour market in Canada. Ideally, the employer will have to give a variety of information on the vacant position they wish to hire a foreign worker; such as information on the total number of Canadians who applied for the position and those interviewed as well as a detailed explanation why no Canadian worker was considered for the position.
How to apply for Labour Market Impact Assessment
- Obtain and fill the Labour Market Impact Assessment application form. As a Canadian employer undergoing the LMIA process, you must have found a foreign national that fits the available job position because his/her name will also be included in the Labour Market Impact Assessment form. The application form is downloadable in PDF.
- Proof of advertisement. This documents serves as a back up to your LMIA application as it indicates what medium you initially used to advertise the job position, as well as its publication date
- Valid job offer that bears your appended signature, including that of the foreign national
- Schedule D for skilled-trades job offers. You don’t need this form if your company is located in Quebec. This document is only necessary when the job requires the recruitment of a foreign skilled tradesperson. You can download LMIA form.
- Proof of your business legitimacy
In 2020, Labour Market Impact Assessment (LMIA) online web application was initiated. It utilizes an online portal to facilitate Canadian employers in uploading relevant documents, as well as to access the status of their LMIA application and Service Canada’s decision letters.
Applying for a work permit with a Labour Market Impact Assessment
If you are a foreigner seeking to get hired by a Canadian employer, you need the following documents and details to apply for your work permit.
- A copy of the Labour Market Impact Assessment form by the Canadian employer
- The Labour Market Impact Assessment number
- The job offer letter, which is provided by your employer
Mandatory LMIA Application fee
It is important for Canadian employers to make a payment of CAD1,000 for the LMIA processing of foreign nationals that they are willing to hire
LMIA processing time
The processing time of LMIA depends on the application type. Thus, the average processing time for various kinds of Labour Market Impact Assessment jobs Canada are demonstrated below;
- Low-wage stream – 34 business days
- High-wage stream – 29 business days
- Agricultural stream – 17 business days
- Permanent residence stream – 21 business days
- Global Talent Stream – 13 business days
- In-home caregivers – 15 business days
- Seasonal Agricultural Worker Program – 11 business days
When you have a valid job offer supported by a Labour Market Impact Assessment, you’ll realize that you now have a streamlined application process. There are some foreign nationals with exemption from Labour Market Impact Assessment application. If you aren’t among the exempted foreign workers, a copy of the positive Labour Market Impact Assessment (LMIA) and a job offer must be offered to you by your employer. However, application for Canada Labour Market Impact Assessment also makes it necessary for the employer or business to provide accurate information on the number of Canada citizens and permanent residents who applied and was interviewed for a job position. They must be able to justify why Canadians aren’t qualified or meet the job requirements.
Labour Market Impact Assessment (LMIA)
Examples of most sought-after Labour Market Impact Assessment jobs
- Caregivers
- Truck drivers
- Oil and gas drillers
- Civil engineers
- Registered nurses
- Construction managers, and so on.
Labour Market Impact Assessment exemption codes
Immigration and Refugee Protection Regulations’ Sections 204 to 208 dictates policies that has to do with work permit for foreign nationals who do not need LMIA. Due to this, they made provisions for some LMIA exemption codes such as;
Regulation sections:
- R204: International agreements
- R205: Canadian interests
- R206: No other means of support
- R207: Permanent residence applicants in Canada
- R207.1: Vulnerable workers
- R208: Humanitarian reasons
R204: International Agreements
| R204(a) Canada-international exemption codes | |
| Regulations | LMIA exception codes |
| Non-trade
Unique work situations:
|
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) Educational co-op (secondary level) | C33 |
| R205(c)(ii) Competitiveness and public policy exemption codes | |
| Spouses of skilled workers | C41 |
| Spouses 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 | 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 six months | H82 |
ESDC Labour Market Impact Assessment usually place regards to;
- If the foreigner has the ability to utilize special skills and experience to the company or business
- If there is currently a labour dispute in the company or business
- If the employer is offering a salary that is equivalent with the average wages being for such job in the area
- If the working conditions are coherent with Canada labour laws, and allows collective bargaining
- If the employer has attempted various recruitment activities with the aim of finding a Canada citizen or permanent citizen for the job
Labour Market Impact Assessment for high-wage positions:
TFWP stream for high wage workers is ideal to Canadian employers who have the intention to pay their foreign workers with a minimum of the median hourly wage of their Canada province/territory.
Labour Market Impact Assessment for low-wage positions:
TFWP stream for high wage workers is recommended to employers or businesses that want to pay foreign workers with below their province/territory’s median hourly wage. Labour Market Impact Assessment application for TFWP is classified under higher skilled occupations and lower skilled occupations.
Arranged employment (positive Labour Market Impact Assessment required)
Arranged employment implies that the foreigner national already has a valid job offer by a Canadian employer. Labour Market Impact Assessment application Federal Skilled Worker Program (FSWP) has influence on foreign nationals in 2 ways. It has effect on their eligibility under the Federal Skilled Worker Program, and also for points that adds to the foreign worker’s entire score. Besides, arranged employment is valued at 15 points on Federal Skilled Worker’s selection factors.
Frequently Asked Questions (FAQs) about Labour Market Impact Assessment (LMIA)
1. What is Labour Market Impact Assessment?
Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) is a verification process that involves the assessment of job offers in order to hinder the impacts of foreign workers on the employment of its citizens.
2. How long does it take to obtain a Labour Market Impact Assessment?
This relies on the Labour Market Impact Assessment stream. Thereby,
- Low-wage stream – 34 working days
- High-wage stream – 29 working days
- Permanent residence stream – 21 working days
- Agricultural stream – 17 working days
- Seasonal Agricultural Worker Program – 11 working days
- In-home caregivers – 15 working days
- Global Talent Stream – 13 working days
3. What is the median hourly wages of each Canada’s province or territory?
As of May 2020, the median hourly wages of various Canada provinces/territories includes;
- British Columbia – $25.00
- Ontario – $24.04
- Quebec – $23.08
- Manitoba – $21.60
- Newfoundland and Labrador – $23.00
- Nova Scotia – $20.00
- Northwest Territories – $34.36
- Yukon – $30.00
- Alberta – $27.28
- Nunavut – $32.00
- New Brunswick – $20.12
- Saskatchewan – $24.55
- Prince Edward Island – $20.00