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Immigrating to Canada through Worker Permit

There are various possibilities for individuals interested in working in Canada or immigrating for work purposes. Typically, a work permit is necessary, and there are two main types: "open" and "closed." An open work permit allows the holder to work for any employer and switch employers without obtaining a new work permit. On the other hand, a closed work permit restricts the individual to a specific employer. While you may have been advised to seek the assistance of a consultant for obtaining a work permit through an LMIA (Labour Market Impact Assessment), alternative options are available that eliminate the need for this step.

Moreover, it is worth considering that certain activities in Canada may not be classified as "work" according to our immigration system, thereby not requiring a work permit. This applies to situations such as attending business meetings, board meetings, or conferences. Additionally, there are specific criteria under which individuals may enter Canada for work purposes without needing a work permit.

Temporary Foreign Worker Program (TFWP): Work Permits Based on an LMIA

A positive LMIA may be required if there is a labour shortage and a Canadian firm wishes to engage a foreign worker. The Canadian government issues an employer with an LMIA, or Labour Market Impact Assessment, allowing them to engage a temporary foreign worker. A positive LMIA, sometimes referred to as the confirmation letter, suggests that the business was unsuccessful in hiring a person from Canada who was either a citizen or a permanent resident to do a specific job. To fill the post, they must be permitted to employ someone outside Canada.

A Canadian business may make an employment offer to a qualified foreign person with the aid of a favourable LMIA. Verify the legitimacy of the papers if you have gotten an LMIA from a Canadian employer requesting you to work for them. Contact AMN Immigration Inc., your reliable Regulated Canadian Immigration Consultant, to learn more about LMIA-based work permits and your options.

Do I Need an LMIA, and What Is It?
After carefully considering it, an employer can get an LMIA certificate, formerly known as a Labour Market Opinion (LMO), from the Canadian government. This certificate enables Canadian citizens to employ foreign nationals who can later work on Canadian land.

Economic and Social Development, Canada, or ESDC, decides how the LMIA will be treated. The following variables are taken into account before ESDC makes a final decision:

The employment of a foreign national only influences the labour market favourably or neutrally. The post being offered by the company must be filled by someone other than citizens or permanent residents. The company provides the foreign worker with pay, benefits, and working conditions that comply with federal and provincial regulations. The foreign worker is providing the necessary abilities and information.

Among other evidence, choosing to hire a foreign worker is the best course of action for the company and the Canadian economy. If the ESDC is pleased with the employer's application, it will provide the IRCC instructions to notify the employer and award a positive LMIA to them.

Certain professions authorize temporary foreign workers to work in Canada without a work permit and an LMIA. To determine if your profession fits within that group, consult specialists.

Applying for an LMIA

Depending on the work you're offering, several procedures exist for applying for an LMIA. Based on the provincial/territorial median salary. There are two possible categories:

Temporary employees who get paid above the terrigtorial/provincial median salary are high-wage workers. Low-wage Employees: Temporary employees who get pay below or equal to the territorial/provincial median salary are low-wage employees.

Employers in Canada are also permitted to employ temporary foreign employees from the two groups mentioned above under the Agricultural Stream and Seasonal Agricultural Worker Programs.

No matter what category you seek an LMIA under, you must be 100% positive that no Canadian citizen can fill the role. When granting LMIAs, the ESDC is careful. Employers must also be prepared for an inspection.

Employing an LMIA

Once you have a favourable LMIA, you may hire a temporary foreign worker to fill the position you are providing. You can invite foreign nationals to work in Canada with you under the Temporary Foreign Worker Program (TFWP).

A copy of the positive LMIA that the IRCC has granted to you must be sent to the prospective employees once you are happy with them. The document will be submitted with additional paperwork when the temporary foreign worker applies for a work permit.

If the applicant's paperwork is approved, they will receive a work visa allowing them to work for you.

Exemptions from the LMIA

Most of the time, a Canadian business that wishes to engage a foreign worker must submit an LMIA application. In some cases, nevertheless, you can recruit a non-Canadian without a favourable Labour Market Impact Assessment, for example:

You are either employing a freelancer or giving remote employment to a foreign national. An LMIA is unnecessary since the foreign worker does not require a visa or work permit to enter Canada.

You are hiring an international student who is a full-time student at a recognized educational institution in Canada. As long as they satisfy other requirements, international students can work part-time for any company in Canada without an LMIA.

Your employee can work for any employer in Canada due to their open work permit. The spouse or common-law partner of a permanent resident or citizen, among others, may be an international student with a post-graduate work visa, a work permit obtained after completing studies in Canada, and more.

Under the International Mobility Program, you are proposing to a foreign person.

Some professions and people are exempt from the LMIA, such as those seeking refuge and professionals engaged in NAFTA-compliant employment. Contact us, and we'll do all we can to help you learn more about these professions.

LMIA's duration and validity

A temporary foreign employee must submit a work permit application within six months of getting a favourable LMIA from a Canadian employer. In this situation, there is no grace period. The LMIA is only valid for six months. Therefore, the foreign worker will need a new LMIA if they submit their application after then.

The LMIA's validity and the length of time it has been in effect differ. The validity specifies the time, often six months; the foreign worker must apply for a work permit through the LMIA. The LMIA's employment duration is the length that the government's work permit is valid after being granted based on the LMIA.

Although the validity and term of an LMIA are not related, it is advisable to speak with a professional to avoid any problems. To learn more about your choices, schedule a consultation with us.

Processing requirements for LMIA

Any Canadian company that wants to apply for a Labour Market Impact Assessment must follow the guidelines for the advertisement:

Pay a CAD 1000 processing charge for each request.

Post job openings that people who speak either English or French can fill.

The company must post job openings at least four weeks in advance. The emphasis of the advertising must also be on underrepresented Canadian communities. Show that they have employed at least two additional recruitment strategies.

An attestation stating that the company would refrain from firing or cutting back on the hours of employees in the same position to make room for the foreign national. And other conditions.

Get in touch

The first step in strengthening your application for a work visa to Canada is to submit an LMIA. This time-limited document can assist you in realizing your goals, but you must use it cautiously. As a foreign person, you must ensure your LMIA is legitimate and won't hurt you.

Regulated Canadian Immigration Consultants can assist you in making a smooth LMIA application for your work visa since they are accredited members of the ICCRC. Please set up a consultation with us right away!

Canadian Workers Frequently Asked Questions

The validity of a work permit in Canada varies depending on the specific program used, and it may also be affected by the expiration date of your passport, resulting in a shorter validity period.

Various work permits are available, some of which allow you to bypass the need for a Labour Market Impact Assessment (LMIA) from the Department of Labour. However, in some instances, this initial step may be required. Each program has its requirements, and navigating the process often involves:

They are employing sound legal strategies, including providing appropriate legal submissions. Supporting documentation.

A wide range of work permits are available in Canada, and the ease of obtaining them can vary. Some permits have more rigid criteria and little room for refusal if the application is prepared correctly. In contrast, others require strong submissions and evidence to address potential grounds for refusal, as there is greater discretion afforded to immigration officers.

It is highly recommended that employers hire a consultant when seeking an LMIA. The government imposes strict requirements regarding the content of job advertisements, and interviews conducted by immigration officers often involve open-ended questions. These interviews can result in refusals without proper guidance, even when a genuine need for a foreign worker exists.
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