LMIA (Labour Market Impact Assessment)

A positive LMIA is the yes the employer is hoping for. It confirms that a foreign worker is needed to do the job, as IRCC explains.

When an LMIA is required, the employer has to request one. The worker then takes the approved LMIA and applies for a work permit with it.

The Temporary Foreign Worker Program is run by the federal government, and employers use it to hire from abroad with an LMIA. Its main page is aimed at three groups:

• Employers trying to learn whether an LMIA applies to them
• Workers hoping to apply for a job in Canada
• Families and employers looking to bring in a temporary foreign worker to look after children, seniors, or people with medical needs

An LMIA is not needed for every job. This is the first thing an employer should confirm, since it determines whether any application is required.

The Global Talent Stream pages walk through the application steps, as listed by Service Canada:

1. See if an LMIA is needed.
2. Look at whether anything in your situation or any special condition would keep your application from being processed.
3. Set up a Job Bank for Employers account, since LMIA Online cannot be used without one.
4. Upload the documents you are asked to provide.
5. Pay the processing fee, where one applies.

Choosing the wrong stream means withdrawing the application and filing a new one under the correct stream. The processing fee you paid will not come back, and it cannot be carried over to the stream you switch to.

The Global Talent Stream is a quicker path inside the program, and Service Canada says it serves two types of firms:

• Innovative Canadian firms that rely on unique and specialized foreign talent to grow and scale, and that are referred to Service Canada by a designated referral partner.
• Firms hiring for an in-demand, highly skilled role found on the global talent occupations list.

Before applying, employers should read through the Category A and Category B requirements and make sure they qualify.

Any employer hiring under this stream has to write a Labour Market Benefits Plan. The plan lays out the employer's own commitment to activities that create lasting, positive results for Canada's labour market. Service Canada checks on the plan's progress each year.

For this stream, Service Canada publishes these limits and service standards. Think of a service standard as a goal rather than a promise; Service Canada expects to meet it 80% of the time.

It falls to the employer to invite the worker to seek a work permit from IRCC. Along with the application, the worker must include the positive LMIA letter and the job contract signed by both sides, as Service Canada sets out.

When worker names on a positive LMIA need to be added, removed, or changed, the employer emails a completed ESDC-EMP5661 form to the office that issued it.

If the employer pulls the offer before the worker shows up, the worker should be told directly, and the Employer Contact Centre should be told too. If a job offer is cancelled, the Global Talent Stream processing fee is not refunded.

The employer also has to keep the employer registration certificate current until a decision is reached on the LMIA. Some provinces may ask for it to stay valid beyond that point.

For Quebec jobs, the worker must receive from the employer a copy of the LMIA approval letter along with the Quebec Acceptance Certificate that the province's immigration ministry issues. Service Canada's guidance sets out this rule.

If the job is in Quebec and lasts more than 30 days in a row, Service Canada warns that not meeting Quebec's own requirements may affect how the application is processed.

If you are a worker, you can look for jobs and apply through Job Bank at no cost. If the law does not allow you to work in Canada, some of the postings there will be off limits to you. Most employers in this country will not take you on without a valid visa or work permit.

Every posting tells you how the employer wants to receive applications. That helps you judge whether the job fits you before getting in touch. It is normal for people to apply to many jobs before one comes through.

Already working in Canada? Starting with a new employer may mean updating your work permit first. It pays to check which changes would apply before accepting.

If you or someone you know is being abused as a temporary foreign worker, you can report it to Service Canada by phone or using its online reporting tool, as Job Bank explains. Your employer cannot penalize you or have you deported for reporting them.

If you're facing abuse, you may also be able to apply for an open work permit for vulnerable workers, listed on Job Bank.