WORKER

Source: IRCC Statistics and Open Data

Source: IRCC Statistics and Open Data

What is an LMIA-Based Work Permit?

In an LMIA-based Work Permit (also known as a restricted-based work permit), a Labor Market Impact Assessment (LMIA) is needed by most employers to obtain a Canadian Work Permit before hiring a Temporary Foreign Worker (TFW) in Canada. A positive LMIA will demonstrate a need for a foreign worker to fulfill the job. No Canadian worker or permanent resident is available to do the job, despite advertising the position at a competitive salary, thus requiring hiring a foreign worker.

When issued, it is essential to know that this work permit will be an employer-specific work permit, which means that the applicant may only work for the employer, the occupation. The principal applicant’s spouse may also be eligible to submit an Open Work Permit Canada, and their children for a study permit for attending school in Canada. The location is stated on their Canada work visa.

Who is eligible for LMIA?

• Meet the required experience and education to fill the position
• A job offers from a Canadian employer, along with a positive LMIA
• a completed application that shows that you meet the requirements of the IRCC
• Satisfy the IRCC officer that they will leave Canada at the end of the authorized stay
• Proof of enough money to support themselves and their family while in Canada
• Respect the law and have no criminal record. You may have to provide a police clearance certificate

How can I get an LMIA work permit in Canada?

An LMIA-based work permit is a two-step application process. The first step is to apply for an LMIA to ESDC (Service Canada). The second step is to submit a Canadian working visa application to the IRCC once an employer has obtained a positive LMIA from Service Canada. It is important to note that the LMIA decision letter is valid for six months only, and the applicants must apply for their work permit within six months of the issuance of the LMIA decision letter. 

The LMIA process is employer-driven, meaning that the prospective employer initially submits this application, which is pretty professional and slightly separated from business actuality. The employers must demonstrate that they have completed the recruitment efforts and cannot hire a Canadian (PR or Citizen) candidate.

ESDC publishes TFWP guidelines that set out recruitment requirements and eligibility. While these requirements are not overly complicated, they are pretty specific. Even if the companies are optimistic that they cannot find a domestic candidate for the position, the application will likely have to go through LMIA-specific recruitment efforts. It is necessary to note that in addition to considering the impact on the labour market, ESDC officers assess the genuineness of the job offer by examining whether:   

• The employer is actively engaged in the business – is the company providing goods or services? 
• There is a reasonable employment need – is there a rational link between the business and the job offer? 
• Can the employer perform the contract (The company’s financial situation)? 
• Past compliance with Federal, Provincial and Territorial laws that regulate employment and recruitment? 

What happens after LMIA is approved?

If the decision is positive or neutral, an LMIA will be issued, allowing the prospective employee to apply for a Canada work visa. 

How much does it cost to apply for LMIA?

For each Labour Market Impact Assessment application, a processing fee of CDN $1,000 is required (unless the application is made strictly in support of permanent residency). There is also a $100 CDN privilege fee needed.

How Can We Assist You?

At ARNIKA VISA, we help you to find the most tailored strategy to achieve your immigration goals. From filing the immigration forms to guiding you through supporting documents, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.

What is LMIA exempt work permit Canada?

The International Mobility Program (IMP) allows employers to hire temporary workers without an LMIA, which does not mean being exempt from obtaining a work permit Canada requires to work in Canada legally. Exemptions from the LMIA process are based on both of the following:

• The broader economic, cultural, or other competitive advantages for Canada (Significant benefits such as Entrepreneurs and Self-Employed Persons, dependents of Foreign Workers or students, French-Speaking Skilled Workers, Academics, Charitable or religious workers, and Intra-Company Transferees)
• The reciprocal employment benefits enjoyed by Canadians and permanent residents (Such as International Agreements and International Exchange Programs)

Which occupations are exempt from LMIA?

1- Related to an international agreement like CUSMA or GATS, and non-trade agreements. This can include professionals, traders, and investors.

2-Related to an agreement between Canada and a province or territory. This includes “significant investment” projects.

3- Exempt for “Canadian interests” reasons:

A-“significant benefit” – if your employer can prove you will bring an essential social, cultural, and economic benefit to Canada. This can include:

• General: Self-employed engineers, technical workers, creative and performing artists, etc.
• Workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience.
• Workers under Mobilité francophone

B- Reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries

• General (such as professional coaches and athletes working for Canadian teams)
• International Experience Canada – a work abroad program for youth and young professionals
• People in exchange programs, like professors and visiting lecturers

C-Designated by the Minister

• Academics, including researchers, guest lecturers, and visiting professors (sponsored through a recognized federal program)
• Competitiveness and public policy (Medical residents and fellows & post-doctoral fellows, and people who have won academic awards from Canadian schools)

D-Charity and religious work (not including volunteers) 

Can LMIA-Exempt WP lead to Canada PR?

The Foreign National coming to Canada under IMP will initially have a Work Permit issued for 1 or 2 years. So, it might renew for an extended period of up to 5-7 years. Following working in Canada for one year, the Foreign National might become eligible to apply for PR inside Canada by using CEC, FSW, or PNP programs based on individual circumstances. Some workers who are suitable for IMP include: 

• Foreign Entrepreneurs/Self-Employed or Potential Provincial Nominees as entrepreneurs (C11 work permit)
• The Intra-Company Transfer (ICT) Program is for those planning to transfer to a Canadian branch of the company they currently work for. (C12 work permit)
• International Free Trade Agreements: Those entering Canada as part of trade treaties, such as the Canada-United States-Mexico Agreement (CUSMA) or the Comprehensive Economic Trade Agreement (CETA).
• Post-Graduation Work Permit (PGWP) for those who have studied at and graduated from a Canadian Designated Learning Institution (DLI) and can obtain a PGWP for up to three years.

Can I apply for a Canadian work permit without a job offer? 

In most circumstances, to hire a temporary worker through the IMP, employers must pay the employer compliance fee and create and submit an offer of employment form through the Employer Portal. The submission of employment must include details about the business, the foreign worker, the job, wage, and benefits. 

Once employers submit an offer of employment through the Employer Portal, they’ll get an offer of employment number. Then, they must give this number to the temporary workers they intend to hire. The temporary worker will get a letter of introduction from IRCC and a work permit from a Canada border services officer. Once the workers have this number, they can complete the Canadian working visa application to be reviewed by IRCC. The application will be approved if they’re eligible to work in Canada. 

How Can We Assist You?

At ARNIKA VISA, we help you to find the most tailored strategy to achieve your immigration goals. From filing the immigration forms to guiding you through supporting documents, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.

What is an Open Work Permit Canada?

The Open Work Permit Canada (OWP) is an excellent program for those international students or foreign workers in Canada with a valid study or work permit and who would like to apply for an open work permit for their spouse. This program can be one of the bridging mechanisms for such candidates to transition from temporary resident status to permanent residency. An opportunity for International Students to earn back their investment in their education in Canada. Return on investment is high even if the international student doesn’t qualify for PR.

A foreign national needs a positive LMIA (Labour Market Impact Assessment) decision before applying for a Work Permit in Canada. Under the International Mobility Program (IMP), an open work permit in Canada may be issued to a spouse of foreign nationals who are in Canada as a student or as a skilled foreign worker to enable them to work for any employer for a specified period only under one of the LMIA exemptions codes (C41 or C42). An open work permit in Canada, not the employer, may restrict the occupation or location. 

The spouses may apply for an Open Work Permit if the foreign nationals are in Canada as full-time students with a valid Study Permit or as skilled workers with a valid work permit in Canada or a valid Post-Graduate Work Permit (PGWP). They work in one of the National Occupational Classification (NOC) categories 0, A, or B. The spouses will not require a job offer or positive LMIA to apply; their permit will be valid for the same period as a study or work permit holder.

Who is eligible for an open work permit in Canada?

There are two open work permit LMIA exemption categories for spouses:

1-Spouses of Skilled Workers [Exemption code C41]

Spouses or common-law partners of skilled people coming to Canada as foreign workers may be authorized to work without having an employment offer. A dependent spouse can apply for an open work permit under LMIA exemption code C41. Suppose the principal foreign worker is an open work permit Canada holder (for example, a post-graduation work permit). In that case, IRCC officers cannot assess the skill level based on the open work permit. So, the spouse applying for the C41 exemption must attach proof that the principal worker is employed in a skill type 0 or level A or B.

2-Spouses of Foreign Student [Exemption code C42]

Spouses or common-law partners of certain foreign nationals who are full-time students with a valid Study Permit in eligible study program institutions may apply for an open work permit in Canada under the LMIA exemption category C42, as work designated by the IRCC. This LMIA exemption category is intended for spouses not already studying permit holders actively engaged in full-time studies. Allowing spouses to enter Canada and work is designed to increase the competitiveness of Canada’s academic institutions or economy.

How Can We Assist You?

At ARNIKA VISA, we help you to find the most tailored strategy to achieve your immigration goals. From filing the immigration forms to guiding you through supporting documents, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.

What is an LMIA?

The Labour Market Impact Assessment (LMIA) process is employer-driven, meaning that the prospective employer initially submits this application, which is entirely professional and slightly separated from business actuality. The employers must demonstrate that they have completed the recruitment efforts and cannot hire a Canadian candidate (PR or Citizen).

ESDC (Employment and Social Development Canada- Service Canada) publishes Temporary Foreign Worker Program guidelines, among other eligibility set out the recruitment requirements. While these requirements are not overly difficult, they are pretty specific, and we have yet to work with a corporate client whose independent and good-faith recruitment efforts complied with ESDC’s recruitment requirements. In other words, even if your company is optimistic that it cannot find a domestic candidate for the position, the applicant will still likely have to go through LMIA-specific recruitment efforts.

Do I qualify for LMIA?

It is necessary to note that in addition to considering the impact on the labour market, ESDC officers assess the genuineness of the job offer by examining whether:

1. The employer is actively engaged in the business – is the company providing goods or services?
2. There is a reasonable employment need – is there a rational link between the business and the job offer?
3. Can the employer perform the contract (The company’s financial situation)?
4. Past compliance with Federal, Provincial and Territorial laws that regulate employment and recruitment?

If the decision is positive or neutral, an LMIA will be issued, allowing the prospective employee to apply for a work permit in Canada.

How Can We Assist You?

At ARNIKA VISA, we help you to find the most tailored strategy to achieve your immigration goals. From filing the immigration forms to guiding you through supporting documents, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. If you want to discover how the RCIC can help you, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.

About the Extention or Changing of your Status

If you have a work permit in Canada that’s about to expire or needs to change, you must apply to extend it or change its conditions. It would be best if you used to develop your work permit at least 30 days before your current license expires.

Maintain your status

If you apply to extend or change the conditions of your work permit before it expires, you’re legally allowed to stay in Canada while CIC Canada processes your application. If your work permit expires while CIC Canada processes your application, you must find out if you can keep working.

Date and time IRCC receives your application.

To maintain your status, IRCC must receive your application before your work permit expires. The IRCC determines the date and time an application is received in 2 ways:

• If you apply online: You must submit your application before midnight UTC on the day your work permit expires.
  Our online application system uses coordinated universal time (UTC).
  Make sure you know the difference between your local time and UTC.
• If you apply on paper: We stamp paper applications the day we receive them at the case processing center.
  If we receive an application after your work permit expires, we’ll count back seven days and use that as the date received.

Check the expiry date on your passport.

You can’t extend your work permit beyond the expiry date of your passport. Ensure your key won’t expire before the requested end date of your receipt.

Who can apply for a study or work permit extension?

This application is for you if you:

• Want to extend your work permit
• You need to change the conditions on your work permit, such as the type of work you can do, the employer you can work for, and where you can work.

Can I extend my closed work permits?

You need to apply to extend or change the conditions of your Employer-specific work permit if:

• Your job is extended
• There are changes to your current job, such as a change in pay and new responsibilities.
• You’re offered a different job
• You want to work for a new employer

You can’t start working at a different job or for a new employer until you get your work permit with the new conditions.

Can I extend my Open Work Permit?

If you have an open work permit Canada, you may be able to extend it as long as you’re still eligible to work in Canada with a real work permit.

How to apply?

Before applying, ensure your employer has completed all the required steps. In most cases, you must apply online to extend or change the conditions of your work permit Canada.

If you need to leave Canada and plan to return

If your visitor visa expires, you must apply for a new key before returning to Canada. You don’t automatically get a new ticket when you use to extend or change your work permit.

How Can We Assist You?

At ARNIKA VISA, we help you to find the most tailored strategy to achieve your immigration goals. From filing the immigration forms to guiding you through supporting documents, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.