The LMIA Work Visa is another way you can migrate to Canada. If you are wondering what an LMIA (Labour Market Impact Assessment) means, then you are in the right place. You will see everything you need to know about the LMIA.
WHAT IS LMIA?
LMIA which stands for Labour Market Impact Assessment is a document a Canadian employer may need before they’re eligible to hire foreign workers.
A positive LMIA can show that there’s a need for foreign workers to fill various job positions that no Canadian permanent resident or worker is available to fill. Sometimes a positive LMIA can also be referred to as a confirmation letter.
An LMIA is a document from ESDC (Employment and Social Development Canada) that gives an employer permission to hire a temporary worker.
The ESDC will issue a negative or positive LMIA letter to the employer. Your employer will give you a copy of this letter which you’ll include in your application for a Canadian work permit.
If an employer thinks he/she needs an LMIA, then they should go ahead and apply for it. Immediately an employer receives an LMIA, the worker can easily apply for a work permit.
For a foreign worker to apply for a Canadian work permit, they need the following:
- a Job Offer Letter
- a Contract
- a copy of the LMIA,
- the LMIA number
Do I Necessarily Need a Work Permit?
Yes! If you are not a citizen of Canada or a permanent resident, then you need a work permit to be able to work in Canada. This may not be applicable to you if you or your country is exempted from Canada’s work permit.
When To Apply for a Work Permit?
When you receive:
- An employment contract or a written job offer and
- Your LMIA decision letter that your employer got from ESDC.
Should in case you don’t need an LMIA, then you can probably apply as soon as you get your Offer of employment number from your Canadian employer.
Read More: How to Apply for Canadian Work Permit.
Am I Eligible?
You will only be eligible under Canadian Immigration law when you can prove to the immigration officer in charge that:
- You’ll be in Canada just for a temporary stay;
- You’ll leave Canada at the end of your employment;
- Not be a threat to anyone in Canada;
- You will always abide by the law and have no criminal activity record (you could be asked to provide a Police Clearance Certificate);
- You are healthy;
- You don’t intend to work with an employer that offer offers striptease on a regular basis, escort services, erotic dance, or erotic massages; and
- Also, provide any document the officer may require to establish your admissibility.
Do I Need an Electronic Travel Authorization (eTA) or a Temporary Resident Visa (TRV)?
To work in Canada as an immigrant, you may need an eTA or a TRV.
An eTA is a paperless document electronically linked to your passport. It also serves as proof that you’re eligible to immigrate to Canada as a temporary resident.
Meanwhile, a TRV is an official document given by an immigration officer that is attached to your passport to prove that you met the general requirements for admission into Canada as a temporary resident.
Applying for a Post-graduation Work Permit Outside of Canada
If you’re a graduate of a Canadian post-secondary institution and you wish to apply for a post-graduation work permit even when you are no longer in Canada (applying from outside Canada), you must indicate (IMM 1295) on your application form when applying from outside Canda:
In the “Details of intended work in Canada” section, choose:
- Question 1: “Open Work Permit”
- Question 2a (Name of employer): Write “Post Graduate Work Permit”
After you receive a confirmation from your institution (school) that you’ve completed your study program, you have 180 days to apply for a work permit. The confirmation can either be a diploma, degree, official letter from your school, or a transcript.
Ensure that you submit proof that you actually completed all the requirements of your program of study (a formal notice of graduation or a letter from the institution and a final transcript).
Note: To be eligible, your study permit must have been valid at some point during these 180 days.
Requirements (Photo and Fingerprints[Biometric])
Your photograph and fingerprints are to be submitted at any biometric collection point near you. Biometrics are required once every ten (10) years. Usually, your application begins to be processed after you must have submitted your biometrics.
How Do I Apply for a Labour Market Impact Assessment (LMIA)?
Step 1. Gather documents
If you are wondering what documents you will be needing, then feel free to use the Document Checklist (IMM 5488) (PDF, 316.89KB) to figure out the supporting documents required to apply for a Canadian work permit.
Processing your application can be delayed if you don’t send all the documents or information requested.
Step 2. Fill out the application
Below are some of the documents that you may be required to fill out. Also, note that the immigration officer can ask you for additional supporting documents.
- Application For Work Permit Made Outside of Canada (IMM 1295) (PDF, 465.84KB)
- Document Checklist (IMM 5488) (PDF, 316.89KB)
- Family Information (IMM 5645 or IMM 5707)
- Statutory Declaration of Common-law Union (IMM 5409) (PDF, 636.51KB), if it applies to you
- Use of a Representative (IMM 5476) (PDF, 648.31KB), if it applies to you
- Authority to release personal information to a designated individual (IMM 5475) (PDF, 593.57KB), if it applies to you.
NOTE: Ensure that you fill out the information as well as questions correctly for those who are applying from outside Canada.
Step 3. Pay all the Fees
There are likely three (3) separate fees that you’ll be required to pay, and it includes:
- Application processing fee;
- An open work permit holder fee;
- Biometric fee.
You can also find out if you are required to give your Biometrics Here.
The table below will give you a guide on the total amount of fees you may be required to pay (fees are in Canadian dollars).
It’s still possible that you may be required to pay the fees in your local currency. Whether you or a member of your family wishes to give their biometric information, the biometric fee will be paid at the same time and in the same manner in which the processing fee was paid.
The Your fees
|Work Permit (including extensions) – per person
|Work permit (including extensions) – per group (3 or more performing artists)
Maximum fee for a group of 3 or more performing artists applying at the same time and place
|Open Work Permit Holder
NOTE: The fees could change anytime.
Also note that when applying for an Open Work Permit, you’re going to pay the sum of the $100 Open Work Permit Holder fee and the $155 Work Permit fee. Your open Work Permit Holder Fee will be refunded if your application was rejected.
|Biometrics – per person
|Biometrics – per family (2 or more people)
Maximum fee for a family of 2 or more people applying at the same time and place
|Biometrics – per group (3 or more performing artists)
Maximum fee for a group of 3 or more performing artists applying at the same time and place
NOTE: It’s always important that you ensure that you are eligible for the service before you pay for them. And, be informed that your Biometric and processing fees will not be refunded back to you under any circumstance. You’ll have to pay more money if you want to apply again.
How Do I Pay My Application Fees?
Below are some of the things you’ll need in order to pay your fees for your application:
- a valid email address;
- access to a printer (which you will use to print the receipt), and
- a credit card or Canadian debit card.
Navigate to the payment portal using the link below and follow the instructions given:
- Visit the Online Payment.
- Follow the online instructions and at the end, click on the print button in order to print the IRCC official receipt with a barcode. Ensure you print two copies.
- Attach one copy of the receipt to your completed application.
- Keep the second copy of the receipt for your records.
NOTE: Never exit the page without printing the receipt. The receipt printout will serve as proof of your payment. You can actually learn more about how to pay your fees.
Step 4. Submit the Application
Are you wondering where to submit your application? you can possibly send your application to any Visa Application Center (VAC) near your area. You can also decide to submit it online.
Don’t forget to fill out all the required documents necessary for your immigration to Canada.
Where Do I Go From Here?
After your application has been submitted, an immigration officer will review your application as well as assess all documents and information you’ve provided.
If the officer feels that an interview is required, then you’ll receive a letter specifying the place, time, and date.
IF YOUR APPLICATION IS REJECTED:
- All your original documents and passport will be sent back to you with an explanation of why your application was rejected.
IF YOUR APPLICATION IS APPROVED
Your original documents and passport will be sent back to you alongside a letter of introduction which confirms the approval of your work permit application.
NOTE: Your documents may not be returned if the immigration officer handling your application feels that they are not genuine.
YOUR ARRIVAL IN CANADA
Please be informed that a letter of introduction is not a guarantee that you will enter Canada. If the circumstances change between your arrival date in Canada and the date of your work permit application, or if other information becomes available at the immigration office, then you could possibly be refused entry.
Any officer at Canada’s port of entry is solely going to decide if you’re still eligible to be admitted into Canada when you arrive there and will also decide how long you will stay. If certified, the officer will issue you a work permit.
Ensure that you move out of Canada on or before the date that the officer has given to you, or you can apply for an extension of your Canadian status.
NOTE: Should in case you submitted your biometric information when you were applying for the work permit when you get to Canada’s port of entry, the officer in charge will:
- Check your travel documents as well as ensure that the person on the photo taken at the time of your application is the same as you, and
- Could ask you to start a secondary inspection where he/she will compare your fingerprints with the ones taken during your application.
Some of the Things that Can Delay Application Processing
Below are some of the things that can delay the processing of your application:
- a security or criminal problem.
- unclear photocopies of documents.
- verification of your documents and information.
- a medical condition that may need more consultations or tests.
- When consultation is needed with other offices abroad and in Canada.
Please note that this is not a legal document. The definition and explanations are not legal definitions. If there is any discrepancy between the language in relevant legislation or regulations and this document, the legal text in the regulations and legislation triumphs.