An LMIA is needed when hiring a temporary foreign worker in Canada. there are 6 specialized applications that employers can avail, depending on the circumstances around the foreign worker’s hiring.
2. An LMIA is needed
when hiring a
temporary foreign
worker in Canada.
there are 6 specialized
applications that
employers can avail,
depending on the
circumstances around
the foreign worker’s
hiring.
3. Labour Market Impact Assessment (LMIA)
from Employment and Social Development
Canada (ESDC). This document is needed to hire a
foreign worker and determine the impact of their
hiring on the Canadian labour market; however,
there are special applications for particular contexts
in which employers want to hire a skilled foreign
worker.
These specialized applications have their own set of
eligibility criteria, processing times, allowances, and
requirements. They are available for the following six
circumstances
4. Express Entry:
This special application is for employers who want to
support their TFW’s application for permanent
residence (PR). Under this system, employers help
sponsor their employee(s) (already residing legally in
Canada, as a temporary resident) so, they might gain
the necessary one year of full-time work experience
and then be eligible to apply for PR through
the Express Entry system of programs. Importantly,
however, there is a separate system for Quebec, with
its own considerations and programs (like
the Quebec Experience Program).
5. Global Talent Stream (GTS):
The GTS is a special program for immigration that is
reserved for skilled foreign workers that have skills in
technology or STEM fields. These workers have to
have skills that are extremely in-demand or scarce in
Canada, in order to be considered. These TFWs are also
classified as high-wage (National Occupation
Class (NOC) A, or B) with annual salaries of at least
$80,000. Under the GTS, companies can also apply for
longer employment durations (up to three years) and
must submit a Labour Market Benefits Plan (LMIB), (in
addition to an LMIA), demonstrating how the practices
of the specific company applying will have an overall
positive impact on the Canadian labour market. The GTS
does also feature a multitude of benefits for the added
paperwork, including:
6. Faster processing times with a service standard of 10
business days (starting on the day after the application
was submitted)—this standard is expected to be met at
least 80% of the time;
Personalized high-touch assistance throughout the
assessment process;
Eligibility to have work permits for highly skilled workers
to be processed within two weeks—this standard is
expected to be met at least 80% of the time; and;
The ability to add and/or change multiple names on a
positive GTS LMIA, with processing standards within 15-
20 business days of the application update.
7. Positions in Quebec:
Quebec has its own separate program(s) to control
economic immigration to its province; known as
the Regular Skilled Worker Program (QSWP).
LMIA’s will therefore be submitted to Service
Canada, and to the Quebec Immigration Ministry
simultaneously. At the time of this writing, Quebec
has prioritized certain occupations and
suspended minimum advertising requirements for
other roles.
8. Academics:
Academics are defined as any individual with at least
one post-graduate degree who earns the majority of
their income through teaching or conducting
research as an employee of a university/university
college in Canada. If the criteria is met, certain
professions can even work in Canada without
employers needing an LMIA (while certain
others will not need a work permit either). Citizens
of the United States, St. Pierre et Miquelon, and
Greenland may apply for a work permit at the port of
entry in Canada (if needed).
9. Agriculture:
Created for workers in Primary Agriculture fields
(defined by a specific set of criteria), this program
allows TFWs to work in Canada as agriculture
workers in a farm, nursery or greenhouse. From
January 12th, 2022, to June 30th, 2023, ESDC will
suspend minimum advertising requirements, making
it easier for companies to hire foreign workers in
these fields. Note however that often these positions
are for lower-wage positions and NOC categories,
and so subsequent immigration for permanent
residence (PR) may be impacted as a result.
10. Caregivers:
Under the TFWP, families can hire live-in caregivers
for children under the age of 18, or for people with
higher medical needs (persons 65 or older, or people
with disabilities, chronic and/or terminal illnesses).
The eligible occupations could include nurses, home
support workers, live-in caregivers, and personal
care attendants (among others). Workers under this
program need to provide care on a full-time basis,
work in the private household where the care is
being provided, and meet the requirements set for by
ESDC and Immigration Refugees and Citizenship
Canada (IRCC).
