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LMIA Based Work Permits
In Canada, a Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labor market. LMIA-based work permits are work permits that require a positive LMIA before an employer can hire a foreign worker. Here's a detailed overview of LMIA-based work permits in Canada in 2023:
1. LMIA Process:
- Employers in Canada must typically apply for an LMIA to hire a foreign worker unless the position is exempt.
- The LMIA process involves demonstrating that there is a genuine need for a foreign worker and that hiring them will not adversely affect Canadian job opportunities.
- Employers must advertise the job position in Canada and show that no qualified Canadian citizens or permanent residents are available to fill the position.
2. LMIA Exemptions:
- Some work permit categories are exempt from the LMIA requirement. Examples include intra-company transfers, certain international agreements (e.g., NAFTA), and specific programs like the International Mobility Program (IMP).
- The IMP encompasses various categories, such as post-graduation work permits, open work permits for spouses/common-law partners, and permits under reciprocal agreements.
3. Employer-Specific Work Permits:
- With a positive LMIA, an employer can offer a foreign worker an employer-specific work permit.
- The work permit is tied to a specific employer and job position, and the worker must work for the employer specified in the LMIA application.
- The work permit is usually valid for the duration specified in the LMIA, typically up to two years.
4. LMIA Application:
- The employer initiates the LMIA application process, submitting detailed information about the job offer, the employer, and the efforts made to recruit Canadian citizens or permanent residents.
- The application requires various supporting documents, including proof of recruitment efforts, a detailed job description, and information about wages and working conditions.
- The application is assessed by ESDC, and a decision is made based on factors such as the labor market impact, skills shortage, and employer compliance history.
5. Impact on Workers:
- LMIA-based work permits allow foreign workers to work in Canada under specific employers and occupations.
- Workers with employer-specific work permits cannot change employers without obtaining a new work permit or going through a new LMIA process.
- In some cases, a change of employer may be possible without a new LMIA through the LMIA-exempt work permit categories, such as the IMP.
6. Transition to Permanent Residence:
- Gaining Canadian work experience through an LMIA-based work permit can be advantageous for individuals seeking permanent residency in Canada.
- Canadian work experience can contribute to eligibility for various immigration programs, such as the Canadian Experience Class (CEC), that prioritize candidates with Canadian work experience.
It's important to note that the information provided here is a general overview, and the specific requirements, processes, and exemptions for LMIA-based work permits may vary based on individual circumstances, occupation, and Canadian immigration policies.
It's important to note that the specific requirements and processes of the Program can change over time. Therefore, it's recommended to visit the official website of the IRCC Canada.ca or,
Consult us for the most up-to-date and accurate information before starting the application process.
Westland Immigration & Visa Services
Mr. Varinder Sharma (Director, MCom, Dip. Imm. Law), (RCIC), Member ICCRC
Cell: 1-778-988-8472
Office: +1-778-783-9991
Toll Free: 1-800-401-3797
Fax: 1-877-275-6880
E-Mail : Immigrate2west@gmail.com, westlandcanada@gmail.com