LMIA Work Permit

The standard employer-sponsored route: a labour market test that lets a Canadian employer hire a foreign worker for a specific role if no Canadian national is available in the Canadian labour market. It can be used to bring a foreign worker from outside Canada or support an extension of a work permit for existing employees. The standard LMIA process requires a mandatory 4-8 week advertisement period before the actual application can be filed.

An LMIA is Service Canada's assessment that hiring a foreign worker won't negatively affect the Canadian labour market. A positive LMIA decision letter lets the employer hire a foreign worker from outside Canada or retain existing employees with expiring work permits. It works across almost any occupation and nationality when no GTS or treaty work permit under an LMIA exemption applies. The trade-off is effort and time: the employer must advertise the role for 4 to 8 weeks depending on the LMIA stream to demonstrate they couldn't find a Canadian or permanent resident to fill it.

LMIA has two streams, each dependent on the provincial hourly rate as dictated by Employment and Social Development Canada:

• High Wage Stream is for job offers that pay an hourly rate above the provincial hourly rate.
• Low Wage Stream is for job offers that pay an hourly rate below that. The low wage stream is subject to additional requirements such as the primary industry and requested position, the unemployment rate in the proposed region, and 8 weeks of advertisement as opposed to 4 in the high wage stream.

Foreign workers who are already in Canada and working for the same employer that initiated the LMIA can apply to extend their work permit from inside Canada and be placed on maintained status. Maintained status allows them to continue working under the same conditions of the previous work permit until the new work permit is issued. Some exceptions and limitations may apply, so make sure to check and confirm with a licensed Canadian immigration advisor.