Labour Market Impact Assessment (LMIA) for employment in Canada
In most cases, a company needs to obtain a document called LMIA to hire a foreign worker.
Many people dream of working in Canada, but from a legal standpoint, it's not that simple. Canadian employers can't just hire foreigners as they please. In most cases, they need to obtain a Labour Market Impact Assessment (LMIA).
An LMIA is a document issued by Employment and Social Development Canada. A positive LMIA allows an employer to hire a temporary foreign worker.
To get an LMIA, the employer must prove that only their chosen foreign specialist can fill the position, as no suitable candidates were found among Canadian citizens and residents. The company intending to hire from abroad must take several steps, such as advertising the job vacancy and paying a fee to the Canadian government.
Importantly, if you apply for permanent residency in Canada and it's approved, you can work for any company without restrictions as a permanent resident, and the employer doesn't need to obtain an LMIA.
The LMIA process is entirely the employer's responsibility. The company cannot charge the applicant for obtaining the LMIA or other documents. You can check on the official Canadian website whether an LMIA is needed for your employment.
Work Permit
An LMIA is also required to obtain a work permit. You can apply for a permit once your employer receives a positive LMIA.
Required documents include:
- job offer;
- employment contract;
- copy of the LMIA;
- LMIA number.
When an LMIA is Not Required
Although most companies need an LMIA to hire foreigners, there are exceptions.
For example, Quebec has a simplified employment program for foreigners. It allows employers to hire for certain positions without advertising the job to attract Canadians.
There are other programs as well. The Global Talent Stream allows hiring in-demand specialists or those with unique skills without an LMIA. The International Experience Canada program enables young people to come to the country with an open work permit, allowing them to work for any company without additional documents.
Various agreements, including international, federal-provincial, and others, also allow simplified hiring for certain workers. An example is the Atlantic Immigration Program. This agreement between the federal government and Atlantic provinces allows certain companies to hire foreigners without an LMIA.
There are other cases too. For instance, if you come to Canada for higher education, employers won't need an LMIA to hire you. However, from fall 2024, students can only work up to 24 hours per week during the semester. After graduation, students receive a work permit that also doesn't require an LMIA.
If your spouse gets a work visa in Canada, you'll also be eligible to work without an LMIA, as you can get an open work permit. The same applies if your spouse gets a student visa for a master's, doctoral, or certain university program. Other options for obtaining a work permit without an LMIA are usually specialized and apply to few people.
