Corporate

 

LMIA Work Permit

Obtaining a Labor market Impact Assessment (LMIA) based work permit is a two-step process. First, you must be issued an LMIA and then you may apply for a Canadian work permit. Individuals applying for a Canadian work permit will generally require an LMIA unless they fall under an exemption. This can depend on the duties the employee will undertake in Canada, their qualifications and experience. 

Before you can apply for an LMIA, your employer must advertise the position for a minimum of four weeks to prove they were unable to find a Canadian citizen or permanent resident to fill the position. The employer must also demonstrate that the presence of the foreign worker will not have a negative impact on the Canadian labour market. The officer will consider the following elements: 

  • Salary offered to the foreign worker and consistency with the average for the occupation and the location 

  • Working conditions and consistency with labour laws and collective bargaining agreements 

  • Labour shortages for the occupation 

  • Any labour disputes in the company or industry 

  • Recruitment efforts to find a Canadian citizen or permanent resident to fulfill the position 

  • The ability of the foreign worker to transfer unique skills or expertise to Canadian citizens or permanent residents

  • If employing the foreign worker will create or retain jobs for Canadian citizens or permanent residents 

An LMIA based work permit can also be obtained for a business owner under the LMIA owner-operator category. This can be for a new business or purchased business in Canada, and no advertising requirements are necessary under this stream. 

Once an LMIA has been received through Employment and Social Development Canada (ESDC), the foreign national can then apply for a work permit at a visa office abroad or port of entry, depending on if the foreign national is from a visa-exempt country. 

LMIA Exempt Categories

Canada has several bilateral and multilateral agreements with certain countries, which help facilitate the movement of foreign workers into Canada. This includes the popular NAFTA program for citizens of Canada, the United States and Mexico.

 The NAFTA professional category offers over 60 professional occupations, including engineer, computer systems analyst, and management consultants. In most cases, a post-secondary credential, professional experience or combination of both is required to be eligible for a work permit under this category. Permits may be issued for an initial duration of three years. 

 The Intra-Company Transfer (ICT) category is effective for companies with a qualifying parent, affiliate, or subsidiary company in Canada.  To qualify, the employee must have at least one year of continuous full-time experience with the company abroad in a specialized knowledge or senior manager/executive position. They must also meet prevailing wage requirements.  This is the hourly wage, usual benefits and overtime, paid to the majority of workers, labourers, and mechanics within a particular area. 

Business Visitor- Work Without a Work Permit 

Some employees may qualify to enter Canada without first obtaining a work permit. This includes visits for a business meeting, installation work, or after-sales services. 

The primary eligibility requirements to enter Canada as a business visitor includes the following:  

  • There must be no intent to enter the Canadian labour market (no gainful employment in Canada) 

  • The activity of the foreign worker must be international in scope

  • There is a presumption of a foreign employer;

    • The primary source of the worker’s remuneration remains outside Canada 

    • The principal place of the worker’s employer is located outside Canada      

    • The accrual of profits of the worker’s employer is located outside Canada

 It is essential to assess and prepare the appropriate supporting documentation before entry under this category.

Other Services

​NextGen Immigration offers a number of services to facilitate the movement of temporary foreign workers, including​​:

  • Labor Market Impact Assessments (LMIA)

  • LMIA Exempt Work permits: NAFTA, GATS

  • Canadian Interests - Significant Benefit 

  • Global Talent Stream 

  • Compliance Audits 

  • Business Visitors