Labour Market Impact Assessments (LMIA)

A LMIA is an approval that most Canadian employers need to obtain in order to hire a foreign worker.

A Labour Market Impact Assessment (LMIA) is an approval that most Canadian employers need to obtain in order to hire a foreign worker.

It is the employer’s responsibility to apply for the Labour Market Impact Assessment (LMIA), not the employee’s. If they receive a positive outcome it means that they can employ a foreign national as they were able to prove that they could not find a suitable Canadian to fill the position.

Labour Market Impact Assessments (LMIA) can be used to obtain work permits and can be used to add 50 or 200 points to the Comprehensive Ranking System Score of those in Express Entry.

Employer Requirements

The employer would need to prove the following:

• They have no past compliance issues as an employer;
• They can fulfil all of the terms of the job offer (they would need to submit official tax documents to support this);
• They are providing a good or service in Canada;
• If they are hiring a skilled foreign worker to support his or her application for permanent residence in Canada, they must submit proof that the business has been in operation for a minimum of one year (does not apply for positions in Quebec);
• They have carried out three different recruitment activities to try and fill the position, if applicable;
• They are offering employment that is consistent with the needs of their business.

The employer would also need to provide a Transition Plan, describing the activities they are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce their reliance on foreign workers. This requirement can be waived in certain situations.

The government fee for this application is $1,000 for each position. This fee would be waived if the LMIA was to support permanent residence through Express Entry and the applicant would not be applying for a work permit as well.

If the employer receives a negative outcome it means they cannot employ a foreign national as they were not able to meet the requirements of the Labour Market Impact Assessment they applied for.

The requirements for a Labour Market Impact Assessment (LMIA) vary depending on the type of position that is being offered to a foreign national. The requirements for each type of position vary in terms of the employer’s requirements in terms of advertising, application fees, the wage being offered and the application processing times.

If you require assistance with a Labour Market Impact Assessment (LMIA), book a consultation with our Regulated Canadian Immigration Consultant (RCIC).