May 28, 2021

Labour Market Impact Assessment

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident.

A foreign national cannot apply for an LMIA. Rather, LMIAs are documents which must be applied for by a Canadian employer. While sometimes it is possible to hire a foreign worker who is exempt from needing an LMIA, or who is exempt from requiring a work permit, all streams of Canada’s Temporary Foreign Worker Program (TFWP) require that an employer obtain an LMIA in order to hire outside of Canada. As well, many of Canada’s immigration pathways to permanent residency require that applicants show a positive LMIA in order to claim points for a Canadian job offer.

LMIA Application Requirements

LMIA applications are submitted in hard copy, by mail, to the appropriate Service Canada Processing Centre. Applications must include evidence that the following criteria have been met:

  • Processing Fee: All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.
  • Business Legitimacy Documents: Documents proving that the employer’s status as a legitimate Canadian business.
  • Transition Plan: Employers must submit a plan for how they intend to address the need to hire foreign nationals. Eventually, employers are expected to hire Canadian citizens and permanent residents rather than TFWs.
  • Recruitment Efforts: Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.
  • Wages: Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.
  • Workplace Safety: TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.

What happens when LMIA is approved?

After an LMIA application has been processed, employers will be issued a decision. If the employer is issued a positive LMIA, they can proceed with hiring a foreign national. If a negative LMIA is issued then unfortunately the employer is not approved to hire a foreign national.

Positive LMIAs are valid for 6 months from the date of issue. After receiving a positive LMIA, the employer must notify the foreign national so that they can apply for their work permit or permanent residence. In certain conditions, employers may apply to have their LMIA application processed in 10 days. To qualify for expedited processing, an employer must be located outside of Quebec and meet one of the following requirements:

Highest Wage Positions

top 10% of wages earned by Canadians in the province/territory of the job

Skilled Trades

paid at least the median provincial/territorial wage for the position

Short-Term Positions

120 days or less

Need More Information About LMIA Application?

May 14, 2021

Post Graduate Work Permit

Post-graduation work permits (PGWPs) are open work permits given to international students who graduate from a Canadian program of study. PGWPs allow the holder to work for any employer, for as many hours they wish, anywhere in Canada.

PGWPs are valid for between eight months to three years and are a great way to obtain valuable Canadian work experience. Once an applicant has work experience in Canada, it opens a lot of opportunities to obtain Canadian permanent residence.

Who is it for?

Post-Graduation Work Permits (PGWPs) are for international students who have graduated from a Canadian Designated Learning Institution (DLI). PGWPs are open work permits, meaning that they grant foreign nationals the freedom to work for any employer, anywhere in Canada.

Unlike most Canadian work permits, the PGWP does not require a Labour Market Impact Assessment (LMIA). PGWPs enable eligible graduates to gain valuable Canadian work experience. With enough work experience in Canada, many foreign nationals become eligible for Canada’s permanent residency programs, including one of the following pathways:

  • Canadian Experience Class (CEC)
  • Federal Skilled Worker (FSW)
  • Federal Skilled Trades (FST)
  • Provincial Nomination Programs (PNP)
  • Quebec Immigration Programs

Who is eligible for PGWP?

In order to be eligible for a Post-Graduation Work Permit (PGWP), a foreign national must be at least 18 years old and have studied full-time in Canada in a program of at least 8 months. The study program must have been completed at a Designated Learning Institution (DLI) in one of the following types of programs listed below. As well, in order to apply for the work permit, a foreign national must apply within 180 days of the completion of their study program.

If an applicant is applying from within Canada, they must have valid status at the time of application. If their study permit has expired or will expire they may apply for status as a visitor before applying for the PGWP. However, applicants who apply for a PGWP prior to the expiration of their study permit are eligible to begin working full time immediately, while their application is processing. Applicants may apply for a PGWP from overseas.

Eligible Levels Of Study:
  • public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec; or
  • private post-secondary school that operates under the same rules as public schools (only applies to certain institutions in Quebec); or
  • private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP); or
  • Canadian private school that can legally award degrees under provincial law only for those enrolled in study programs leading to a degree as authorized by the province.

Faqs

A PGWP can take anywhere from 80 to 180 days to process. While waiting for your PGWP, you are free to work in Canada provided you applied prior to the expiry date of your student permit.

You have 180 days to apply for your PGWP from the date you completed all the requirements of your program of study.

If you leave Canada after your studies have been completed, you can now apply for a PGWP from overseas. Previously post-graduate work permit applications needed to be submitted exclusively from within Canada. If a PGWP application is submitted from outside of Canada, additional documentation may be requested depending on the visa office that will process the application.

There is nothing about a PGWP that prevents you from applying for another work permit later. You are free to apply for both an LMIA or LMIA exempt permit if you are eligible but it might be worth considering applying for Canadian permanent residence given you already have Canadian work experience.

International graduates who apply for a PGWP before the expiry of their study permit are able to begin legally working in Canada. These candidates do not need to hold a Canadian work permit while they await a decision on their application for a PGWP. If your student permit has expired, you may be eligible to restore your status and apply, provided you have only been out of status for less than 90 days.

You can only apply for a PGWP once. If you are planning on taking another program of study that is a continuation of your first program, or you are considering taking a longer degree program in Canada, you might want to apply for your PGWP strategically. Applying after the longest period of study will grant you a PGWP with longer validity, to a maximum of three years.

Need More Information About PGWP Application?

May 14, 2021
May 14, 2021

Temporary Work Permit

Canada is a prime destination for many foreign nationals who are seeking employment opportunities. The country boasts a strong and diverse economy with a high-standard of workplace safety, competitive wages, and many opportunities for professional growth and development. In addition to this, working in Canada is an excellent first step for those seeking to immigrate to the country permanently.

Types of Canadian work permits

There are many different options for obtaining a Canadian work permit. Some work permits require a job offer from a Canadian employer, some require that the employer provide a Labour Market Impact Assessment (LMIA), while others require that a person has some sort of connection to Canada (previous education, spousal sponsorship, etc.). Please refer to the categories below to determine the work permit which best suits your qualifications:   Requiring a Labour Market Impact Assessment (LMIA)

LMIA Work Permits

Facilitated LMIA

Global Talent Stream

How to obtain a Canadian work permit?

The process for obtaining a Canadian work permit varies greatly depending on which type of work permit a person is applying. For example, an international student studying in Canada will oftentimes be automatically issued authorization to work part-time as part of their study permit authorization.

Most closed work permit applications require that a foreign national has an official job offer from a Canadian employer which is supported by a Labour Market Impact Assessment (LMIA). Even those who are LMIA-exempt or exempt from requiring a work permit should be aware of the unique documentation they need to prepare in order to ensure they are granted entry to Canada. There are two general pathways for obtaining a Canadian work permit: a closed work permit and an open work permit.

Closed work permits are tied to specific employers, this means that a foreign national issued a closed work permit must remain working with the same employer at the same location unless they change their work permit.

Not necessarily. A job offer, if required for certain work permit applications, must meet certain requirements in order to be considered valid. For most temporary work permits, in order to be eligible for a work permit, an applicant’s job offer must be either:

  • Supported by a positive Labour Market Impact Assessment (LMIA); or
  • Exempt from requiring an LMIA.
  • It should be noted that the province of Quebec has its own process for determining the validity of an offer of employment.

The application procedure is different depending on which type of work permit you need. The first step is determining which work permit is best for you. If you need help figuring out the application, simply contact us and a member of our team will assist you with scheduling a consultation.

The processing time for a work permit application depends on the type of work permit and the applicant’s country of residence at the time of application. Processing times range anywhere from a few weeks to several months.

It is impossible to give a rate of success for work permit/LMIA applications, as all applications are processed on a case-by-case basis. If an applicant meets the requirements of the LMIA, their application should be approved. However, applications are assessed by individual officers, each exercising their own discretion in choosing whether or not to approve a work permit application.

Need More Information About Temporary Work Permit Application?

IRCC to resume FSWP and CEC invitations in July and offer open work permit to PGWP holders