Step 1: Determine If You Need a Labour Market Impact Assessment (LMIA)
Most Canadian employers must first obtain a Labour Market Impact Assessment (LMIA) before hiring a foreign worker. An LMIA is a document issued by Employment and Social Development Canada (ESDC) that confirms:
- There is a need for a foreign worker to fill the job.
- No Canadian citizen or permanent resident is available to do the job.
Exceptions (LMIA-Exempt Work Permits)
Some positions may qualify for LMIA-exempt work permits under International Mobility Programs (IMP). Common LMIA-exempt categories include:
- Intra-Company Transfers
- International Agreements (e.g., CUSMA, CETA)
- Significant Benefit to Canada (e.g., C10, C11)
- Spousal Open Work Permits
Employers hiring under IMP must submit an offer of employment through the Employer Portal
Step 2: Advertise the Job (If LMIA Is Required)
To apply for an LMIA under the Temporary Foreign Worker Program (TFWP), employers must advertise the position for at least 4 consecutive weeks using:
- Job Bank
- Two additional recruitment methods (e.g., industry websites, local newspapers, job boards)
Employers must demonstrate that they made reasonable efforts to recruit Canadians or permanent residents first.
Step 3: Apply for the LMIA
Once the recruitment requirement is met:
- Submit the LMIA application to ESDC/Service Canada.
- Include supporting documents such as job description, recruitment efforts, and business legitimacy proof.
Processing times vary by stream and region, ranging from 10 to 60+ business days.
Step 4: Receive LMIA Decision
If approved, you will receive a positive LMIA. This document will include:
- Confirmation number
- Validity period
- Details of the job offer
You must send this LMIA to the foreign worker, who will include it in their work permit application.
Step 5: Worker Applies for a Work Permit
With a positive LMIA or LMIA exemption code:
- The foreign worker applies for a work permit online or through a visa application centre (VAC).
- They must include a job offer letter, LMIA confirmation (if applicable), and employment contract.
Some applicants may also need:
- Temporary Resident Visa (TRV) or eTA
- Police certificates
- Medical exams (depending on the job or country of residence)
Step 6: Prepare for the Worker’s Arrival
Before the worker arrives:
- Ensure compliance with employment standards, wages, and working conditions as stated in the LMIA or IMP offer.
- Provide an orientation, if necessary, and ensure the worker is enrolled in required benefits (e.g., health insurance, safety training).
- If under the TFWP, employers may be subject to inspections and must keep records for 6 years.
Tips for a Smooth Process
- Work with an immigration consultant or lawyer for complex cases.
- Maintain accurate documentation in case of a compliance audit.
- Keep up-to-date with changing regulations, especially post-COVID policies and pilot programs.
