Some jobs require a positive LMIA (Labour Market Impact Assessment) before applying for a Work Permit
In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers (see exemptions including NAFTA and GATS). In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required.
• HIGH-WAGE WORKERS
• LOW-WAGE WORKERS
• EXPEDITING AN LMIA
• ADVERTISING REQUIREMENTS
Employers seeking to hire high-wage workers must submit transition plans along with their Labour Market Impact Assessment (LMIA) application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. High-wage workers are those earning above the median hourly wage for a given occupation in specified region.
The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.
Certain occupations in Quebec are "facilitated", meaning that local recruitment efforts do not need to be performed by employers as part of their applications to hire temporary foreign workers for any of the facilitated occupations.
Employers seeking to hire low-wage workers do not need to submit transition plans with their Labour Market Impact Assessment (LMIA). They must, however, follow a different set of guidelines.
To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be phased in over 2015 and 2016 in order to provide employers who are above the 10 percent cap time to transition and adjust accordingly.
Employers offering a wage that is below the provincial/territorial median hourly wage must:
i. pay for round-trip transportation for the temporary foreign worker;
ii. ensure affordable housing is available;
iii. pay for private health insurance until workers are eligible for provincial health coverage;
iv. register the temporary foreign worker with the provincial/territorial workplace safety board; and
v. provide an employer-employee contract.
As of April 30, 2015, the Temporary Foreign Worker Program uses the latest Labour Force Survey results for the unemployment rates in regions across Canada. These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector. LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 per cent or higher.
Given its unique labour market conditions, and as requested by the Government of the Northwest Territories, applications in these sectors for positions located in Yellowknife will be accepted for processing.
LMIAs will be provided within a 10-business-day service standard for workers in the following occupational categories:
• Highest-demand occupations: The 10-day service standard for this category is limited to skilled trades positions where the wage offered is at or above the provincial/territorial median wage. These positions are essential to the development of major infrastructure and natural resource extraction projects, and are therefore considered vital to Canadian economic growth
• Highest-paid occupations: The 10-day service standard for this category is limited to employers hiring temporary foreign workers in the highest-paid occupations that offer wages in the top 10 percent of wages earned by Canadians in a given province or territory where the job is located. This wage level indicated that a temporary foreign worker is the highest-skilled in their occupation, and that those skills are difficult to find in the Canadian labour market. ¬
• Shortest-duration occupations: The 10-day service standard for this category is limited to employers requesting temporary foreign workers for a short duration, defined as 120 calendar days or less, in any occupation where the wage offered is at or above the provincial or territorial median wage. Positions falling under this category include those related to repairs or manufacturing equipment and warranting work.
After receiving a positive LMIA, the employer should send a copy to their identified foreign worker. The positive LMIA must be included in the worker's application for a Temporary Work Permit.
A single LMIA can be issued for one or multiple employees. In the case of multiple employees, the LMIA will only be issued to employees who will be filling identical positions as identified by the Canadian National Occupation Classification.
Employers must advertise all job vacancies across the Canadian job market for at least four weeks before applying for a LMIA. Towards this end, employers are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canada Job Bank. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as First Nations or persons with disabilities.
Employers wishing to hire a temporary foreign worker to Canada must pay a processing fee of CAD $1,000 for each request for a Labour Market Impact Assessment.
English and French are the only languages that can be determined as job requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that another language is otherwise required for the position.
Canadian Employers usually require a positive LMIA outcome in order to hire temporary foreign workers. There are several cases, however, where the need for a LMIA may be waived.
Some of the most common LMIA-exempt streams are outlined below.
• INTERNATIONAL AGREEMENTS
• ENTREPRENEURS/SELF-EMPLOYED CANDIDATES
• INTRA-COMPANY TRANSFEREES
• INTERNATIONAL EXCHANGE PROGRAMS
• DEPENDENTS OF FOREIGN WORKERS
• FRENCH-SPEAKING SKILLED WORKERS
• RELIGOUS WORKERS
• ACADEMICS
• PROVINCIAL LMIA EXEMPTIONS
Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Admission of foreign workers under these agreements is considered of significant benefit to Canada and, as such, does not require a LMIA. The North American Free Trade Agreement (NAFTA), Canada-Chile FTA, Canada-Peru FTA, Canada-Columbia FTA are example of this case.
Visit the NAFTA Work Permit section for more information on how to obtain a Work Permit under NAFTA.
A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.
Intra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.
Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA.
Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not require a LMIA when applying for an Open Work Permit (OWP). Please note that this does not apply to the spouses of workers on an International Exchange Program.
Foreign nationals who have been recruited through a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada through Mobilité Francophone.
The need for a LMIA for religious workers will vary depending on the kind of work to be done in Canada. A foreign national may work in Canada without a LMIA when the main duties are "spiritual"
This includes researchers, guest lecturers, and visiting professors.
Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for a LMIA.
Note: Being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.
Under the terms of the North American Free Trade Agreement (NAFTA), American and Mexican citizens may be eligible for facilitated processing when applying for a temporary Work Permit in Canada.
Work Permits under the provisions of NAFTA do not usually require a Labour Market Impact Assessment (LMIA).
Although LMIA-exempt, workers and employers who use the NAFTA program must comply with all provisions governing temporary work in Canada.
US citizens do not require an eTA (Electronic Travel Authorization) to enter Canada, but citizens of Mexico require one.
• NAFTA PROFESSIONALS
• NAFTA INTRA-COMPANY TRANSFERS
• NAFTA TRADERS AND INVESTORS
A NAFTA Professional must be qualified to work in one of approximately 60 targeted professions. Depending on his or her profession, an applicant may be required to provide educational credentials and/or proof of work experience in the field.
NAFTA Professionals must have pre-arranged employment in Canada in an occupation that matches their qualifications. Individuals who wish to perform self-employed work in Canada are not eligible for this category.
NAFTA INTRA-COMPANY TRANSFERS
NAFTA Intra-Company Transferees must be transferred to Canada on a temporary basis in order to work for a branch, subsidiary, or affiliate of their US or Mexican employer. In addition, they must have worked continuously for their US or Mexican employer for at least one of the last three years and be employed by the company at the time of application.
A NAFTA Intra-Company Transferee must work in a capacity that is considered managerial, executive, or involving specialized knowledge. For general information on intra-company transferees, including those covered under NAFTA.
A NAFTA Trader must demonstrate an intention to carry out substantial trade of goods or services between Canada and his or her country of citizenship (US or Mexico). A NAFTA Investor must demonstrate that he or she has made a substantial investment in a new or existing Canadian business and that he or she is seeking entry to Canada to develop and direct the Canadian business. Work permits in the NAFTA Investor category may also be granted to employees of the primary Investor who can be considered essential staff.
WORK WITHOUT A WORK PERMIT
There are several occupations and situations where a foreigner is allowed to work without a work permit.
An individual who is eligible to work without a work permit may still require a Temporary Resident Visa or an eTA (Electronic Travel Authorization) to enter Canada on a temporary basis.
In addition, one should be prepared to present immigration officials with documentation that attests to their desired status in Canada. This documentation will vary on a case-by-case basis. Often, items such as a letter of support from a parent company or letter of invitation from a Canadian company can help to bolster one's likelihood of acceptance into Canada.
The occupations that do not require a work permit are:
• Athletes and team members
• Aviation accident or incident inspector
• Business visitor
• Civil aviation inspector
• Clergy
• Convention organizers
• Crew
• Emergency service providers
• Examiners and evaluators
• Expert witnesses or investigators
• Foreign government officers
• Foreign representatives and Family members of foreign representatives
• Health care students
• Implied status
• Judges, referees and similar officials
• Military personnel
• News reporters, media crews
• On-campus employment and some Off-campus work
• Performing artists
• Public speakers
An Open Work Permit (OWP) authorizes a foreigner to work in Canada in ANY job, without restrictions. The holder of an OWP does not need an LMIA or confirmation of employment first. Once issued an OWP, the holder can apply and work in any job/occupation in Canada.
Foreigners that are eligible for an Open Work permit:
• Spouse/common-law partner being sponsored for Permanent Residence through an Inland Spousal Application
• Spouse/common-law partner of a Temporary Foreign Worker
• Spouse/common-law partners of International Students studying in Canada
• International Students who recently graduated from a Canadian post-secondary institution and are eligible for the Post-Graduation Work Permit Program can apply for a Post-Graduation Open Work Permit
• International Experience Canada (IEC) Candidates (Working Holiday)
• INLAND SPONSORSHIP
• SPOUSE/COMMON-LAW OF TEMPORARY FOREIGN WORKER
• INTERNATIONAL GRADUATES
• INTERNATIONAL EXPERIENCE CANADA
• POST-GRADUATION WORK PERMIT
Spouses and common-law partners being sponsored through the Inland Spousal/Common-Law Partner Sponsorship Category of the Family Class can be granted an open work permit while the application for permanent residence is being processed. This allows the Spouse/Common-law partner to work in any job while waiting for permanent residence application to be processed.
Spouse or common-law partner of a foreign temporary worker must demonstrate that:
• the principal temporary foreign worker has employment in Canada that is at a management level, or a job in a professional occupation, or as a technical or skilled tradesperson. In other words, the skill level of the principal temporary foreign worker's job must be level 0, A or B, according to the National Occupational Classification (NOC). This skill level requirement does not apply to principal temporary foreign workers who have been nominated for permanent residence by a province (provincial nominees).
• the principal temporary foreign worker is permitted to work in Canada for a period of at least six months.
SPOUSE/COMMON-LAW PARTNER OF FOREIGN STUDENT
To be eligible for an Open Work Permit, the spouse or common-law partner of a foreign student cannot themselves be full-time students and must demonstrate that:
• the foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; or
• the foreign student has graduated and is the holder of a valid work permit for a job related to his or her studies.
For spouses and common-law partners, open work permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.
To be eligible for an open work permit, graduating international students must meet the requirements under the Post-Graduation Work Permit Program.
Open work permits are also available to candidates for the International Experience Canada (IEC) Candidates under the Working Holiday category.
Once you have graduated from an eligible program at a Canadian post-secondary institution, you may qualify to apply for the Post-Graduation Work Permit Program. This program offers graduates a three year open work permit which will allow you to earn valuable work experience. You do not need to have a job offer to get an open work permit.
Please Note: You must apply for a Post-Graduation Work Permit no later than 90 days after receiving written confirmation of graduating (a transcript or an official letter) in order to be eligible. You must also make sure you still have status as a student (your study permit did not expire) when you apply.
Additionally, Canada allows foreign students who have completed their studies in Canada and have gained a certain amount of work experience within Canada to apply for immigration to Canada under the Canadian Experience Class (CEC).
GIMVS can assist you with Post Graduation Work Permit and eventually to get PR under Canadian Experience Class (CEC).
The bridging open work permit (BOWP) is a way to keep a worker in Canada working while his or her application for permanent residence is being processed.
In-Canada applicants who have made an application to immigrate to Canada under either the Federal Skilled Worker (FSW) Class, the Federal Skilled Trades (FST) Class, the Canadian Experience Class (CEC) or one of the Provincial Nominee Programs (PNP) may be considered for a bridging open work permit if their current work permit is due to expire (within four months). A foreign worker legally working in Canada who has made, or will soon make, an application for permanent residence under one of these immigration programs may then continue to work until a decision is made on his or her application for permanent residence.
This is beneficial for the federal government, Canadian communities and employers, as well as applicants and their families, because otherwise applicants and their dependants (spouse and children) would have to either leave Canada temporarily, stay in Canada under visitor status, or find an employer willing to go through the process of applying for a Labour Market Impact Assessment (LMIA).
An open work permit, which allows its bearer to work for any employer in Canada, is preferable as it provides applicants with better flexibility to integrate and navigate the Canadian labour market, given that they have already been found eligible for permanent residence and are currently working in Canada.
BRIDGING OPEN WORK PERMITS AND EXPRESS ENTRY
When an applicant for a federal economic immigration program that is processed through the Express Entry immigration selection system submits an electronic application for permanent residence, he or she receives an Acknowledgment of Receipt letter. This letter is automatically generated in the My CIC account following the submission of the electronic application for permanent residence (e-APR). Applicants who are eligible to apply for a BOWP may apply immediately after receipt of this Acknowledgment of Receipt letter, instead of having to wait for a second Acknowledgment of Receipt letter issued by Immigration, Refugees and Citizenship Canada (IRCC).
However, the application for a BOWP will not be processed until the completeness check has been performed at the Centralized Intake Office. BOWP applications received before the completeness checks have been performed will be held until they are ready to be processed. If an e-APR is found to be incomplete, the applicant is no longer eligible for a BOWP. In these cases, the application for a BOWP will be refused.
To be eligible for a bridging open work permit, the following parameters must be met:
• The foreign national is currently in Canada
• He or she has valid status on a work permit that is due to expire within four months
• He or she is the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP
• He or she received a positive eligibility assessment on his or her application
• He or she has made an application for an open work permit
Please note that a foreign national does not qualify for a bridging work permit if:
• He or she is in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt) situations
• He or she has let his or her status expire
• His or her work permit is valid for longer than four months and/or he or she has a new LMIA that can be used as the basis for a new work permit application
• He or she is applying for a bridging work permit at the port of entry
• He or she is the spouse or dependant of the principal permanent resident applicant
• He or she is a provincial nominee who has not submitted a copy of his or her nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions
Certain conditions are required to be met by the holder of a bridging work permit in order for his or her spouse to also be eligible for an open work permit:
• In all cases, the bridging work permit must be valid for longer than six months
• For spouses of FSW applicants, the bridging work permit holder must be performing work that is at a level that falls within National Occupational Classification (NOC) Skill Levels 0, A or B
• For spouses of PNP applicants, the spouse is eligible for an open work permit for the duration of the work permit held by the principal PNP applicant, irrespective of the skill level of the principal PNP applicant's occupation
• For spouses of FST applicants, the bridging work permit holder must be performing work that is within one of the qualifying occupations in NOC Skill Level B
• For spouses of CEC applicants, there are no set preconditions to be met by the principal CEC applicant
Dependent children of an applicant in any of these economic classes must obtain an LMIA or have LMIA exemption based on their specific situation in order to apply for a work permit.
• PNP
When issuing a bridging open work permit to an applicant for permanent residence under a Provincial Nominee Program (PNP), the employment location on the work permit must be restricted to the nominating province. Therefore, the province of destination must be selected and then the city of destination value should be selected to show the province/territory.
• FSW, FST, CEC
For a bridging open work permit issued to applicants for the Federal Skilled Worker Class, Federal Skilled Trades Class or Canadian Experience Class, there are no restrictions to employment location.
