LMIA Work Permit
What is an LMIA work permit?
An LMIA work permit is an employer specific temporary work permit issued after Employment and Social Development Canada approves a Labour Market Impact Assessment. A positive LMIA confirms that the employer demonstrated a genuine need to hire a foreign worker because no qualified Canadian citizen or permanent resident was available for the position.
When is an LMIA required?
An LMIA is required for most employer specific work permits unless the position qualifies for a specific exemption under the Immigration and Refugee Protection Regulations. Common LMIA exempt categories include intra company transferees, certain international agreements, and spousal open work permits. Many refusals occur because employers or applicants incorrectly assume an exemption applies.
Who can apply for an LMIA based work permit?
A foreign worker can apply if they have a genuine written job offer supported by a positive LMIA, meet the education and experience requirements listed in the LMIA, and are admissible to Canada. Officers also assess whether the applicant has a realistic temporary intent based on immigration history, compliance with prior visas, and overall credibility.
Employer eligibility requirements
The employer must be actively operating in Canada, have a legitimate business structure, and be able to demonstrate the ability to pay the offered wage. The employer must conduct recruitment efforts in accordance with ESDC requirements, advertise the position for the required period, and document why Canadians or permanent residents were not hired. The offered wage must meet or exceed the prevailing wage for the occupation and region.
High wage vs. low wage LMIA streams
LMIA applications are divided into high wage and low wage streams based on whether the offered wage is above or below the provincial median wage. High wage applications require a transition plan showing how the employer will reduce reliance on foreign workers over time. Low wage applications are subject to caps, stricter recruitment scrutiny, and additional compliance requirements. Misclassifying the stream is a frequent cause of refusal.
What does IRCC assess at the work permit stage?
Even with a positive LMIA, IRCC independently assesses the work permit application. Officers review whether the job offer is genuine, whether the duties align with the National Occupational Classification, whether the applicant is qualified to perform those duties, and whether the employer appears compliant. Officers also assess admissibility issues such as criminal history, medical issues, and past immigration violations.
Common reasons for LMIA work permit refusal
Refusals commonly arise from concerns that the job offer is not genuine, inconsistencies between the LMIA and the work permit application, insufficient proof of the applicant’s qualifications, weak business documentation from the employer, prior non compliance by the employer, or doubts about the applicant’s intention to leave Canada if required.
LMIA work permits and permanent residence strategy
An LMIA based work permit can support a long term permanent residence strategy by allowing the worker to gain Canadian work experience and potentially receive additional points under Express Entry or qualify under a provincial nominee program. However, an LMIA should be structured carefully to align with the intended permanent residence pathway.
Processing times and stages
The LMIA and work permit are two separate processes. LMIA processing times depend on the stream, province, and ESDC workload. Once approved, the work permit is processed by IRCC and timelines vary based on the applicant’s country of residence and admissibility requirements.
How much does LMIA work permit representation cost?
Legal fees depend on whether representation includes the LMIA, the work permit, or both, and on the complexity of the employer and worker profile. Fees typically range from CAD 2,000 to CAD 3,000. Government fees, including the LMIA processing fee, are paid separately.
How much does LMIA work permit representation cost?
Our services include assessing employer and worker eligibility, advising on the correct LMIA stream and wage, preparing and reviewing LMIA applications, coordinating recruitment compliance, preparing work permit applications, identifying risk factors, drafting legal submissions where required, and advising on employer compliance obligations after approval.
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