Frequently asked Questions
What is LMIA?
The Labor Market Impact Assessment (LMIA) is a document that an employer in Canada may need before hiring a foreign worker.
A positive LMIA will show that a foreign worker needs to complete this job. It will also show that there is a shortage of labor. A positive LMIA is sometimes called a confirmation letter.
If an employer needs a LMIA, they must apply for it.
As soon as the employer receives the LMIA, the employee may apply for a work permit.
To apply for a work permit, an employee must:
job offer letter
a copy of the LMIA, and
Labor Market Impact Assessment (LMIA)
Once an employee is found, the employer signs a labor agreement with a potential employee, after which the employer must present (LMIA) in Canada for employment and social development (ESDC) along with a non-refundable processing fee of $ 1,000.
How long does the processing for LMIA and the program for temporary foreign workers last?
LMIA processing time can be somewhat unpredictable, and the LMIA process can vary from a couple weeks to several months. The Canadian Employment and Social Development Service (ESDC) is committed to processing certain LMIA applications within 10 business days. The following categories will now be processed using the service standard for 10 business days.
Service Canada currently relies on 2014 economic data to evaluate applications for LMIA. If the salary offered to a foreign worker is within 10% of the salary normally offered for this job, the applicant will be considered a high salary applicant. LMIA’s high-wage applications are usually processed faster.
How does the CIC make decisions on LMIA applications?
The decision whether to issue a positive LMIA is made by Canada for Employment and Social Development (ESDC), and then issued by Citizenship and Immigration Canada (CIC). CIC will then inform the employer of the final LMIA decision. When deciding on a LMIA ESDC, several factors will be considered, including:
The impact of hiring a foreign worker will be in the Canadian labor market
Wages and working conditions offered to a foreign worker
Presence of Canadian citizens or permanent residents to perform the work in question.
Will the transfer of useful knowledge and skills a result of hiring a foreign worker?
Will hiring a foreign worker help create jobs for Canadian citizens and permanent residents?
In deciding the LMIA, ESDC staff often maintain close contact with the CIC and the Canadian Border Services Agency (CBSA).
An important difference?
LMIA expiration date does not match LMIA expiration date. The duration of the LMIA indicates the amount of time that a foreign applicant must use the LMIA and apply for a work permit. The duration of use of the LMIA, on the other hand, indicates the duration of the period of validity of a potential work permit, which will be issued using the LMIA. There are three options for working time for LMIA:
Temporary duration to support only work permits.
Permanent duration to support the application for permanent residence. Work permits issued for a permanent period of LMIA will be issued for a maximum of two years, provided that the foreign citizen complies with the requirements set out in LMIA. The work permit will not be renewed regardless of whether the application for permanent residence or not.
A combination of permanent and temporary duration to support both applications for permanent residence and applications for work permits.
What is a job offer letter?
A job offer letter is a document that a Canadian employer gives you (as a temporary worker). This explains the details of your work.
As a rule, a letter with a job offer (or “letter of employment”) is less detailed than a contract.
The letter contains information about:
your payment and deductions from your payment
your job duties
employment conditions such as opening hours
If you need a labor market impact assessment (LMIA) _, attach a copy of your letter with a job offer with a work permit application.
A job offer is not the same as a job offer letter. If your employer does not need LMIA to hire you for a job, he must submit a job offer in the Employers Portal. After sending, the portal generates a proposal for the number of jobs that you need when you apply for a work permit.
How long does the process take from the submission of documents to the invitation?
From the moment of launching the process, 2-3 months, in rare cases, it may take an additional couple of weeks.
Who pays a fee for LMIA?
Employer. Our partners in the face of employers (legal entities and individuals) signed a contract with us, in which one of the conditions is the payment of expenses associated with obtaining LMIA.
The cost of a work visa?
VISA- work permit (including renewal) 155 Canadian dollars. Please note that the cost may change with Canadian immigration policy.
Who pays the flight to Canada?
Many of our employers can pay for a plane ticket. It all depends on your contract with the employer and the chosen profession.
Depending on the contract. Many employers provide accommodation, depending on your contract.
When to apply for a visa?
The employer will receive a letter confirming the approval of the LMIA application. This positive LMIA is valid for 6 months from the date of issue. For reasons of confidentiality, the letter will not include the names of foreign workers. However, the letter and Appendix A contain specific information about the job offer, such as wages, working conditions and occupations, as well as the system file number. The names of the employees will be listed in Appendix B, which is intended only for employer records and MUST NOT be transferred to a foreign employee, as it is not required for the purpose of obtaining a work permit or permanent resident visa.
A positive letter from LMIA is supported as a statement by a qualified employee to the IRCC for:
permanent resident visa in accordance with FSWP, FSTP and CEC
a work permit if employers want a foreign worker to start work pending the outcome of a permanent resident visa application.
After receiving a positive letter from LMIA, the employer must:
send a copy of this letter and attachment A to a foreign worker;
ask a foreign citizen to apply to the relevant visa office in Canada, obtain a permanent resident visa for immigration to Canada, and / or obtain a work permit. A foreign citizen must submit a corresponding application with a copy of:
a written job offer signed by both the employer and the employee; and
LMIA positive letter and Appendix A.
How to get a work permit?
Work Permit in Canada (Visa) A work permit in Canada is issued to a person who is not a Canadian citizen or a permanent resident of Canada (for a specified job and a long term). Required whether the employer is in Canada. To apply for a work permit at the visa office, you must be legally accepted or be a citizen of the country that is served by this visa office.
A work permit does not allow you to live in Canada permanently. To do this, you must comply with the category of immigration as a permanent resident.
Your spouse or civil law partner and your dependent children can apply for a visit to Canada with you and, if they wish, apply for a study or work permit.
Guardians who meet certain requirements may apply for permanent residence in Canada.
How to get a work visa to Canada?
In most cases, you will need a written job offer or contract from your employer in Canada before you apply for a work permit.
Your employer may need to undergo a labor market impact assessment (LMIA) to hire you. This is a Canadian government document that gives your employer permission to hire a foreign worker.
You will also need to provide proof that you meet the requirements of the job offer.
If you are applying for an open work permit, you do not need to submit a written job offer along with the application.
Open work permits may be issued only:
support of spouses and civil partners in certain cases
accompanying dependent children in certain cases.
International Experience Canada participants (working holiday).
Some jobs do not require a work permit. If you are a citizen of a country for which a temporary resident visa is required to enter Canada, you must apply for a visa if you do not need a work permit.
Where to apply?
Usually, you must apply for a work permit outside of Canada. Sometimes you can apply for entry into or from Canada, but many of the requirements are the same. How you apply, and how long it takes to process it, depends on what kind of work you do when you arrive in Canada.
You must apply for a work permit outside of Canada if:
you or your accompanying dependents need a visa for temporary residence, or
Your accompanying children (6-18 years old) need a study permit, or
you or your accompanying dependents need a medical examination, or
You participate in the International Experience Canada, or
you will work as a caretaker, or you will work as a seasonal agricultural worker, or
You or your accompanying dependents have been convicted of a criminal offense.
You must meet the requirements for:
enter the country
stay in Canada and
get a work permit.
This means that you may also need a guest visa.
Documentation and language?
Documents submitted must be in English, French and Spanish. Documents in other languages must be accompanied by a certified translation. Failure to provide all necessary documentation may result in rejection of your application or delays in processing. False claims or submission of forged documents will result in immediate refusal and, possibly, legal action.
If your spouse / civil rights partner and / or children wish to accompany you to Canada, they need to apply for their own work, study, or temporary residence visa.
Application Form Application for a work permit made outside of Canada
Family Information Form (IMM 5645)
Two (2) passport photos
Processing fee in an acceptable format.
Valid passport – there should be one completely blank page, except the last. The period of validity of the visa will coincide with the period of validity of the work permit or passport, depending on which period is shorter, since the visa cannot be valid beyond the period of validity of the passport.
A copy of the labor market opinion (LMO) provided by the Canadian Employment and Social Development Service (ESDC), if applicable.
Your job offer or contract with your potential employer indicating your position, salary and working conditions.
Proof that you meet the requirements of the proposed job, for example, a certificate of employment with previous jobs and job descriptions, copies of relevant educational certificates, confirmation of professional qualifications.
Proof of financial support to cover the cost of your visit.
Do I need a temporary resident visa (TRV) or electronic travel authorization (eTA)?
If you want to work in Canada, you may need TRV or eTA.
TRV is an official document issued by an employee who is placed on your passport and shows that you meet the general requirements for entering Canada as a temporary resident. ETA is a paperless document that is electronically linked to your passport. It also shows that you have the right to enter Canada as a temporary resident.
If you need TRV or eTA, you do not need to fill out a separate application or pay more fees. He will be issued by an employee at the same time with the documents required to enter Canada as a worker.
Can my spouse or a civil partner and children work in Canada?
To work in Canada, your spouse or civil partner and your dependent children must apply for a work permit. Each person must meet the requirements for obtaining a work permit, including the LMIA requirement.
Do I need medical insurance for a visa to Canada?
The embassy may ask if you have health insurance for at least the first few weeks. Insurance, if necessary, covers the costs of ambulance, emergency medical care and hospitalization, treatment of acute toothache, etc. If an employee goes to Canada by invitation, then the employer provides insurance. If an immigrant is traveling independently, then he should take care of the insurance himself. Insurance for three months (for 50,000 CAD ($ 37,303)) for a foreign worker will cost from 180 ($ 134.29) to 280 CAD ($ 208.90). Prices for insurance policies in Canada can be found here: https://arbetovinsurance.com/.