Foreign Workers (LMIA)
Employers and Foreign workers
Canada is always seeking foreign workers to fill the high levels of labour shortage that persists in some areas. However, workers are selected through a very rigorous process as are the companies that are approved to hire them. These companies must assure the government that they tried to hire Canadian workers but could not find someone fit for the job or willing to take the job.
In terms of immigration, both parties (the employer and the employee) will need permission from the government to hire foreign workers. In some special cases, it is possible to work in Canada without having a work permit.
To find out if you need one, please contact us so that we can analyze your situation. To know more about the process on how to apply for the authorization required, click on one of these options:
An LMIA can only be applied for by an employer with a demonstrable labour shortage. An employee cannot apply by himself/herself, it needs to be the employer applying.
The program fees have to be covered by the employer. That includes application fees, plane tickets, and health insurance for the employee where applicable depending on the province.
It depends on the stream, the province and the job position. There is no specific processing time as it can take from a few weeks up to 6 months.
It does not depend on the worker, the employer, or the third party, but it depends on the job position and the stream used to process the LMIA.
It can be for 12 months or up to 24 months for permanent jobs. For seasonal or temporary jobs, it is for a maximum of 6 months.
It is not mandatory, however, it is recommended to have a lawyer that can help the employer gather the required documents proving the legitimacy of the business.
The LMIA is valid for up to 6 months after it is issued; the employer and the temporary foreign worker (TFW) have that amount of time to apply for the respective work permit. If the TFW does not apply for the work permit before the LMIA expiry date, it is necessary to apply for a new LMIA.
Not always. To apply without an LMIA you have these two options:
1) Apply for an open work permit if you are the spouse of a TFW in a high-skilled position, the spouse of a foreign student, if you have a permanent residence application in process, or if you have graduated from a Canadian post-secondary institution.
2) Apply for a work permit with a job offer that is classified as LMIA exempt through one of these programs: entrepreneurs and self-employed, intra-company transferees, French-speaking skilled workers, international trade agreements, or international youth exchange programs.
You continue with the same legal status as the one that just expired while you wait for the outcome of the application that you have already submitted. This is called ‘implied status’. For example, you can still work in Canada if your work permit expires and you applied for an extension before the expiry date. If you apply for the new permit after the expiry date, you do not have implied status.
Restoration of status means that you basically pay a fine to restore the legal status that you had. For example, if you had a work permit that has already expired, you will need to apply to restore your status (this can be done within 90 days of the expiry date) along with applying for the new document. However if your status is still valid, you can just apply for an extension. Restoration is only applicable when the status that you had, has expired.
Applying at the border always represents more risk, so we typically advise our clients to apply online.
As part of our service, we will walk you through this process and send you the proper instructions on how to obtain the police certificates.
As part of our service, we will walk you through this process and send you the proper instructions on how to pay these fees. We give you the option to pay them yourself or include the fees in our service payments so that we can pay this on your behalf.
The sponsoree can work in Canada only if the spousal application is processed as an inside Canada application rather than outside Canada. When applying for the PR, the sponsoree can also apply for an open work permit, but not before the spouse sponsorship application is submitted.