Are you an employer seeking to secure permanent, reliable talent for your team? Hiring foreign workers could be a strategic move to meet your business needs. To qualify, your business can either be an incorporated entity or a sole proprietorship in Canada. For specific roles, such as caregivers for your children or housekeepers for your home, individuals can also act as employers. This Labour Market Impact Assessment (LMIA) overview will help you determine if hiring foreign workers aligns with your needs and business requirements. What is LMIA? If you’re looking to hire foreign workers, the Labour Market Impact Assessment (LMIA) is an essential document you’ll need. Issued by Employment and Social Development Canada (ESDC), the LMIA evaluates how hiring a foreign worker will affect the Canadian job market. A positive LMIA confirms that there is a genuine need for a foreign worker to fill a specific role because no qualified Canadian worker is available. Once you obtain a positive LMIA, your prospective employee can then apply for a work permit to join your team in Canada. LMIA Eligibility If you’re considering hiring foreign workers through the Labour Market Impact Assessment (LMIA) process, you’ll need to demonstrate that your business is legitimate and in good standing. As part of the Temporary Foreign Worker Program (TFWP), every job offer you make must undergo a business legitimacy assessment. This ensures that both your business and the job offer are genuine. To pass this assessment, your LMIA application and supporting documents must confirm that your business: Is actively providing goods or services in Canada Is offering employment that aligns with the realistic needs of your business Can meet all the terms of the job offer Has a clean compliance record Your job offer must satisfy all these criteria to be considered genuine and legitimate. If any of these conditions are not met, your LMIA application will result in a negative decision. Exemption of LMIA When applying for an LMIA, you may not need to submit additional documents if: Your most recent LMIA decision was positive That positive LMIA was issued within the past 2 years If you do not meet these conditions, you will need to provide at least one of the following documents: A valid municipal, provincial, or territorial business license Your most recent T4 Summary of Remuneration Paid Your most recent PD7A Statement of Account for Current Source Deductions An attestation confirming your business is legally operating in Canada and providing goods or services. This attestation must also include a description of the main business activity. The attestation should be prepared by one of the following: A lawyer or a member in good standing with a law society (including notaries in Quebec and independent paralegals in Ontario) A Chartered Professional Accountant (CPA) in good standing with their professional body (Note: Attestations from Chartered Accountants in Quebec are not authorized by the Ordre des comptables professionnels agréés du Québec) An official from a federally or provincially regulated financial institution (such as an account manager or branch manager with delegated signing authority) The attestation must generally include: Official or corporate letterhead (if applicable) Date and signature of the individual with appropriate qualifications or delegated signing authority Contact information of the signee, including phone number, email address, job title, professional designation (if applicable), and membership ID (if applicable) A clear statement confirming that your business is legally operating in Canada and providing goods or services Your LMIA application will be reviewed to confirm that the job offer aligns with the genuine needs of your business and that there is a legitimate employment need. Hiring Foreign Workers If you’re a Canadian employer finding it challenging to fill positions with local talent, you’re not alone. Many businesses across Canada are turning to foreign workers to address labor shortages effectively. Employers in Canada have various options when it comes to hiring skilled foreign workers: Small Business Owners: If you’re a Canadian entrepreneur seeking highly educated and young professionals for roles in IT, office administration, accounting, or similar fields, hiring foreign talent could be the solution. Trade and Skilled Labour Needs: For companies in construction, cleaning, education, or other trades, foreign workers can fill these essential roles. Businesses Owned by Immigrants: If your business is owned by an immigrant and you wish to hire friends or relatives from your home country, we can facilitate this process. These employers often have specific candidates in mind and are keen to bring in talent from their own countries. Your Options for Hiring Foreign Skilled Workers Here’s how you can start the process: Permanent Positions: If you’re hiring for full-time, permanent roles, your future employees will need to navigate the Canadian Immigration process for permanent residency. Several fast-track options can expedite this process. Temporary Positions: For short-term roles, your candidates can apply for a Temporary Work Permit to join your team. Transitioning to Permanent: If you’re already employing foreign workers on temporary permits and want to offer them permanent roles, they may qualify for Permanent Resident Visas through programs like the Canadian Experience Class, Quebec Experience Class (if applicable), Provincial Nominee Program, or a Skilled Worker Program. Have You Found the Right Candidate? If you’ve identified a foreign worker for your vacancy, we can manage the entire process to ensure you comply with all regulatory requirements. Our services include: Work Permit Services for temporary job offers Permanent Job Offers through Arranged Employment or the Provincial Nominee Program Guidance on Drafting Job Offers Credential Assessments for regulated occupations For certain professions, such as engineers, doctors, nurses, electricians, plumbers, veterinarians, and physiotherapists, internationally-trained workers must have their credentials assessed by federal or provincial regulatory bodies before they can work in Canada. LMIA Exempt Streams Some foreign nationals may work in Canada without an LMIA under the International Mobility Program (IMP), but they still need a valid work permit. Significant Benefit: Canadian visa officers have discretion to grant work permits if a foreign national’s role offers significant social or cultural benefits to Canada. Evidence that can support this includes: Relevant academic degrees or diplomas. Extensive work experience (typically ten or more years). National or international awards or patents. Membership in prestigious organizations. Contributions through publications or scholarly work. Intra-Company Transferees: Executives, managers, or employees with specialized knowledge transferring to a Canadian branch of their company may be exempt from needing an LMIA. Dependents of Foreign Workers: Spouses and children of foreign workers holding Canadian work permits for skilled positions are generally exempt from the LMIA requirement, with the exception of spouses of workers on an International Exchange Program. French-Speaking Skilled Workers: Francophone skilled workers recruited through government-coordinated events and destined for provinces outside Quebec may qualify for work permits under the Mobilité Francophone stream. Academics: Researchers, guest lecturers, and visiting professors can work in Canada without an LMIA. Provincial LMIA Exemptions: Provincial nominees for permanent residence with a job offer in their respective province may be exempt from the LMIA requirement. Reciprocal Employment: Reciprocal agreements enable foreign workers to work in Canada when Canadians have similar job opportunities abroad. International Agreements: Agreements such as the North American Free Trade Agreement (NAFTA) facilitate the entry of foreign workers without requiring an LMIA. International Exchange Programs: Programs like the International Experience Canada (IEC) Working Holiday Visa allow young professionals and students to work in Canada without an LMIA. Charitable and Religious Workers: Individuals engaged in charitable activities that benefit the community, or religious workers advancing spiritual teachings, can work in Canada without an LMIA. Worker Permit with just a Job Offer Certain countries have agreements with Canada that allow their citizens to work here without requiring an LMIA for specific positions. Additionally, under the International Experience Canada (IEC) program, young professionals from the following countries can apply for a work permit with just a job offer: Andorra Australia Austria Belgium Canada Chile Costa Rica Croatia Czech Republic Denmark Estonia Finland France Germany Greece Hong Kong Iceland Ireland Italy Japan Republic of Korea Latvia Lithuania Luxembourg Netherlands New Zealand Norway Poland Portugal San Marino Slovakia Slovenia Spain Sweden Switzerland Taiwan United Kingdom This means that young professionals from these countries can obtain a work permit relatively easily with just a job offer, streamlining the hiring process for employers like you. Hire Global Talent—Book a Free Consultation Today Navigating the complexities of hiring foreign talent can be challenging, but we’re here to simplify it for you. With over 5 years of expertise, Dayana Immigration Services is a dedicated Canadian immigration consulting firm ready to assist. To schedule a free online consultation with our team, please complete our contact form. CONTACT US
