LMIA stands for Labour Market Impact Assessment. LMIA is a document issued by Employment and Social Development Canada (ESDC) and is required by a Canadian employer who needs to hire a foreign temporary worker. A positive LMIA from an employer means that:
Hiring a temporary skilled worker will positively impact the Canadian Labour Market.
There were no Canadian citizens or permanent residents who could fill the job vacancy. Hence, the foreign temporary worker will not adversely impact the employment opportunities of Canadian workers.
Who needs an LMIA?
The LMIA is required by an employer that needs to employ an internationally skilled worker to fill a job vacancy. It is a document that is applied for by the employer, not the worker, and must be applied within 6 months of the beginning of the job. The employer must also pay the LMIA fee. An employer is required to apply for LMIA when he/she hires:
- High-wage workers
- Low-wage workers
- Workers through the Seasonal Agricultural Program
- Workers through the Agricultural stream
A temporary worker requires the 7-digit LMIA number to apply for the work permit.
How does the Employer apply for LMIA?
To apply for the LMIA, the employer has to register with the LMIA portal. To access the LMIA portal, they need to create an account with Canada Job Bank to authenticate themselves. Once your employer has an account with Job Bank, he/she will be able to apply for the LMIA on the online portal. While applying for the LMIA, the employer must submit:
- LMIA application that includes all the information of the worker
- Proof of business legitimacy
- Proof of recruitment
Upon receiving an employer’s LMIA application and the associated fee, Employment and Social Development Canada (ESDC) processes and reviews the application. If ESDC determines that the employment of the foreign worker will positively impact the Canadian economy, they issue a positive Labour Market Impact Assessment (LMIA) report to the employer in the form of a letter. Upon receiving a positive LMIA report, the employer must:
- Provide a copy of the positive LMIA report to the temporary worker
- Inform the worker to apply for PR or a work permit before the expiration of the LMIA
Once the temporary worker receives a copy of the LMIA report, he/she can apply for the work permit.
What is an Unnamed Labour Market Impact Assessment?
An Unnamed Labour Market Impact Assessment (LMIA) is used by an employer when they have not yet identified a specific worker for the position. This type of LMIA does not include the name of the prospective employee. It is valid for 18 months from the date of issuance.
It can be submitted for the following positions:
- Seasonal Agricultural Worker Program
- Agricultural Stream (excluding the province of Quebec)
- Caregiver Program (excluding Quebec)
- Low-wage stream (excluding Quebec)
- High-Wage stream (excluding Quebec)
An Unnamed Labour Market Impact Assessment in Quebec can only be submitted for the positions if the duration of employment is 30 days or less.
Processing time of Labour Market Impact Assessment
| Type of application | Average processing time |
|---|---|
| Low-wage stream | 35 business days |
| High-wage stream | 34 working days |
| In-home caregivers | 24 working days |
| Permanent Resident stream | 18 working days |
| Seasonal Agricultural Worker Program | 10 working days |
| Agricultural stream | 15 working days |
| Global Talent Stream | 10 working days |
What is the LMIA exemption?
There are certain occupations that do not require the employer to apply for a Labour Market Impact Assessment before hiring a foreign skilled worker. These occupations are tabulated below.
Canada International Exemption codes
| Occupations | LMIA exemption code |
|---|---|
If you are employed with Canada-International Non-Trade Agreements such as:
|
T11 |
Traders in International Free Trade Agreements (FTA) such as:
|
T21 |
| Investors in International Free Trade Agreement(FTA) as mentioned above | T22 |
| Professionals or Technicians in International Free Trade Agreement(FTA) | T23 |
| Intra-company transferee (FTA) | T24 |
| Spouse (Columbia or Korea FTA) | T25 |
| GATS or General Agreement on Trade in Services professionals | T33 |
| Investors in CETA or CUKTCA | T46 |
| Contractual Service Supplier with CETA or CUKTCA | T47 |
| Engineering and scientific technologists at CETA or CUKTCA | T48 |
| Independent professional at CETA or CUKTCA | T43 |
| Intra-corporate (company) transferee (CETA/CUKTCA) | T44 |
| Spouses of professionals employed in (CETA/CUKTCA) | T45 |
| Investors (CPTPP) | T50 |
| Intra-company transferee (CPTPP) | T51 |
| Professional or technician (CPTPP) | T52 |
| Spouses (CPTPP) | T53 |
Provincial or territorial LMIA exemption codes
| Type of application | Average processing time |
|---|---|
| Occupations under federal-provincial foreign worker agreements | T13 |
| Atlantic Immigration Program (if applied on or before 5th March 2022) | C18 |
LMIA exemptions for occupations that are of significant benefit to Canadian interests
These occupations are those that provide crucial economic and cultural benefits to Canadian citizens and permanent residents.
| Type of application | Average processing time |
|---|---|
| a. Airline Personnel in foreign airline security guards b. Interns with international organizations under the Foreign Missions and International Organizations Act. c. Rail grinder operators, rail welders, or other specialized track maintenance workers d. Experts on mission, working for a United Nations office in Canada e. Foreign physicians coming to work in Quebec f. Caribbean Agricultural Liaison Officers | T13 |
LMIA exemption codes for foreign nationals who enter Canada and create or maintain business and are also supported by a Canadian province or territory
| Type of application | Average processing time |
|---|---|
| a. Entrepreneurs in self-employed immigration program b. Entrepreneurs who have applied through a Provincial Nominee Program c. Fishing guides in Canadian lakes d. Foreign camp owners, directors and outfitters Foreign freelance race jockeys (NOC 53200) |
C11 |
Other occupations that have a significant impact on the Canadian economy and are LMIA exempt
| Occupations | LMIA exemption code |
|---|---|
| Intra-company transferees (includes GATS) Airline personnel (station managers) | C12 |
| Emergency repairers for out-of-warranty equipment | C13 |
| Television and film production workers | C14 |
| PR applicants under Rural and Northern Immigration Pilot | C15 |
| Spouses of Rural and Northern Immigration Pilot | C17 |
| Francophone mobility | C16 |
| PR applicants of the Live-in caregiver program | A71 |
| PR applicants of the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) | C90 |
| Spouses of PR applicants under the HCCPP or HSWP program | C91 |
| Foreign workers who have a Quebec Selection Certificate or (CSQ) but are outside Quebec | A76 |
LMIA exemptions on the basis of Permanent Resident facilitation
| Type of application | Average processing time |
|---|---|
| a. Workers with Bridging Open Work Permit (BOWP) b. Caregivers under the HCCPP or HSWP c. Eligible Quebec Selection Certificate (CSQ) holders who are in Quebec d. Yukon Community Pilot (YCP) e. Start-up Visa (SUV) |
A75 |
LMIA exemption on the basis of reciprocal employment
| Occupations | LMIA exemption code |
|---|---|
| Reciprocal employment and Unique work situations such as: a. Fishing guides at border lakes b. Residential summer camp counselors c. United States government personnel (Family members) |
C20 |
| International Experience Canada Program | C21 |
| Professors and visiting lecturers in Academic exchanges | C22 |
| Performing arts | C23 |
LMIA exemption on the basis of research, designated by the Minister
| Occupations | LMIA exemption code |
|---|---|
| Research | C31 |
| Research in educational co-op at the post-secondary level | C32 |
| Research in educational co-op at the secondary level | C33 |
LMIA exemption on the basis of public policy and competitiveness, designated by the Minister
| Occupations | LMIA exemption code |
|---|---|
| Spouses or legal partners of skilled workers | C41 |
| Spouses or legal partners of full-time students | C42 |
| Post-graduate employment | C43 |
| Post-doctoral Ph.D. fellows and award recipients | C44 |
| Medical residents and fellows | C45 |
LMIA exemption on the basis of charitable or religious work
| Occupations | LMIA exemption code |
|---|---|
| Religious work | C50 |
| Charitable work | C50 |
LMIA exemption for workers with no means of support, vulnerable workers, and on humanitarian grounds
| Occupations | LMIA exemption code |
|---|---|
| Workers with a refugee claim | S61 |
| Persons under an unenforceable removal order | S62 |
| Vulnerable workers and their family members | A72 |
| Destitute students | H81 |
| Temporary resident permit holders with a minimum validity of 6 months | H82 |
LMIA exemption for Permanent Residence applicants staying in Canada
| Type of application | Average processing time |
|---|---|
| a. Spouse or legal partner in Canada class b. Protected people under subsection A95(2) c. Section A25 exemption (humanitarian and compassionate grounds) d. Family members of the above |
A70 |
Hiring a foreign worker in case of LMIA exemption
If your occupation is LMIA exempt, your employer will be required to pay an employer compliance fee of $230 and submit an offer of employment in the Employer portal. This offer of employment will include all your information and must be submitted before you apply for your work permit.
The International Mobility Program (IMP) allows employers to hire temporary workers without an LMIA.
LMIA for Canada Immigration
The Labour Market Impact Assessment is one of the most important documents for an immigrant who is applying for Canada PR through an immigration program that requires a job offer and a work permit. If your Canada immigration pathway requires a work permit, it is highly likely to also require an LMIA (unless it is LMIA exempt). Canada immigration programs like:
- Express Entry
- Alberta Opportunity Stream under AAIP
- Alberta Express Entry including Tech Talent Pathway
- OINP Employer Job offer streams
It is only the Skilled Worker stream of the British Columbia Provincial Nominee Program (BC PNP) that does not require LMIA. The Labour Market Impact Assessment is a document that not only ensures the security of opportunities for Canadian workers, but also provides safety to foreign skilled workers.
