Work Permits are required for foreign nationals who want to work during their time in Canada. These are issued by Immigration, Refugees and Citizenship Canada (IRCC) and give authorization for someone to work legally in Canada. The work permit is going to explain the type of work the individual named can perform, the employer(s) they can provide labour, where they are going to work and how long they are given permission to work. In addition to a Work Permit, Temporary Foreign Workers may require an LMIA to demonstrate that there is a need for the foreign worker to fill the job and that there is no Canadian worker available to do the job. Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.
To be eligible for a Work Permit you must:
- Demonstrate that you will leave Canada when the permit ends
- Demonstrate that you have adequate financial means to care for yourself and dependents during the stay and upon returning home
- Have no criminal history
- Be no threat to Canada's security
- Be in good health
- Have no intention of working for ineligible employers
- Have no intention of working for an employer who "on a regular basis, offers striptease, erotic dance, escort services or erotic massages"
- Supply any further documentation required
To apply before coming to Canada you will need to do so at the visa office in your country. You can apply from within the country but only if you meet the specific requirements. You can also apply as you enter Canada, but only as a holder of an eTA (electronic travel authorization), hold a valid medical certificate, have the ID number your intended employer has received, and that your employer has submitted a positive or valid LMIA.
The LMIA
A Work Permit alone may not be enough for someone to work legally in Canada. There is also the issue of the LMIA or Labour Market Impact Assessment. This is a document that indicates that there is a demonstrated need for a foreign worker to fill the job, and also that no Canadian worker is available to do it. The LMIA must be "positive" and can be used as a job confirmation letter.
Do You Need an LMIA to Obtain a Work Permit?
The list of those exempt from the need for an LMIA seems far longer than the list of those who do need it in addition to obtaining a Work Permit. Though the IRCC says that in "most cases, an employer must obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker", there are many exceptions.
Generally speaking, it is those who are hired within the Temporary Foreign Worker Program who need the LMIA. These workers are able to be hired to provide short-term labour and to help fill "skill shortages" (where no Canadians are available to do the work).
The employer, prior to employing you, will have to work directly with Employment and Social Development Canada (ESDC) to arrange to apply for the LMIA.
Those Exempt from the LMIA Requirements
The LMIA exemptions apply to three different "codes" defined by the Canadian government as:
- International Agreements R204 - When hiring foreign workers through specific international trade agreements (NAFTA as an example), the LMIA is not required
- Canadian interests R205 - A long list of groups that include charitable work, reciprocal employment, specially designated programs, and more
- "Other" R206-R208
Additionally, employers are able to hire temporary workers through the International Mobility Program without the use of an LMIA.
To work in Canada temporarily, you must first find out if you are eligible to obtain a Work Permit and then find an appropriate employer who can legally extend an offer of employment. This may mean they have applied for the LMIA and can prove that you are essential and that no Canadian is available for the work.
To learn more, visit the Government of Canada's Temporary Workers Website to determine if you are eligible and if the LMIA applies to your intended field or job.
Global Talent Stream
On June 12, 2017, IRCC launched The Global Talent Stream, which promises a 2-week fast-track for qualified applicants to the Temporary Foreign Worker Program.
Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.
FAQs
What Is a Labour Market Impact Assessment?
A Labour Market Impact Assessment is an assessment that many Canadian employers need before hiring a temporary foreign worker. A positive LMIA confirms that hiring the worker is expected to have a positive or neutral effect on Canada’s labour market.
When Is an LMIA Required?
An LMIA is generally required when an employer hires through the Temporary Foreign Worker Program and no LMIA exemption applies. The employer must obtain a positive LMIA before the worker applies for an employer-specific work permit.
Ackah Law can assess whether your position requires an LMIA or may qualify under the International Mobility Program.
How Much Does It Cost an Employer to Apply for an LMIA?
The standard LMIA processing fee is $1,000 CAD for each position requested, although limited exemptions apply. The fee is generally not refunded if the application is withdrawn, cancelled or receives a negative decision. Employers cannot recover the processing fee from temporary foreign workers.
How Long Does It Take to Get a Positive LMIA?
LMIA processing times vary considerably by program stream and application volume, ranging from several business days to several months. IRCC updates its average processing times regularly. Employers should also account for the required recruitment period, which is not included in the published processing time.
How Long Is a Positive LMIA Valid?
A positive LMIA is valid for up to six months, with the exact expiry date shown on the decision letter. The foreign worker must submit the work permit application before that date. If the LMIA expires before the application is submitted, the employer will generally need to apply for a new LMIA and pay any applicable processing fee again.
What Are the Current Rules for Low-Wage LMIA Applications?
Under the rules currently in effect, employers generally must advertise a low-wage position for at least eight consecutive weeks within the three months before applying, include youth-targeted recruitment and keep at least one recruitment activity active until a decision is issued.
The requested employment duration is generally limited to one year. Most workplaces are subject to a 10% low-wage workforce cap, while specified sectors may qualify for a 20% cap. Certain applications in census metropolitan areas with unemployment of 6% or higher may not be processed unless an exemption applies. Ackah Law can review your recruitment, workforce cap and work location before you submit an LMIA application.
What Are an Employer’s Obligations Under the Temporary Foreign Worker Program?
Employers must provide the job, wages, duties and working conditions stated in the LMIA and employment offer. They must follow employment and recruitment laws, maintain an abuse-free workplace, retain required records and cooperate with inspections. Depending on the program stream, employers may also have obligations relating to transportation, housing and private health insurance.
Non-compliance can result in financial penalties, the revocation of an LMIA or a ban from the program. Ackah Law’s Compliance Audit Services can help employers identify and address potential compliance gaps.
