01
Canadian Employer
A Canadian employer identifies a need to hire a temporary foreign worker for a particular position.
WORK
LMIA-Based Work Permit
If a Canadian employer has received a positive Labour Market Impact Assessment to hire you, you may be able to apply for an employer-specific work permit to work in Canada.
Check Your Work Permit EligibilityLMIA-BASED WORK PERMIT
Working in Canada With a Positive LMIA
Many foreign nationals who want to work temporarily in Canada require an employer-specific work permit supported by a positive Labour Market Impact Assessment, commonly known as an LMIA.
The LMIA is obtained by the Canadian employer through Employment and Social Development Canada and Service Canada. It is not the worker's work permit.
Once the employer receives the required positive LMIA and provides the worker with the necessary employment documents, the foreign worker can generally proceed with an application to Immigration, Refugees and Citizenship Canada for a work permit.
A positive LMIA does not automatically guarantee that a work permit will be issued. The worker must still meet Canada's immigration requirements and demonstrate that they qualify for the position.
HOW IT WORKS
The LMIA and Work Permit Are Two Separate Steps
An LMIA-based work permit normally involves both an employer process and a worker immigration application.
02
LMIA Application
Where an LMIA is required, the employer applies to Service Canada and must meet the requirements of the applicable Temporary Foreign Worker Program stream.
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Positive LMIA
If approved, the employer receives a positive LMIA confirming that the hiring of the foreign worker is authorized under the applicable program.
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Work Permit Application
The foreign worker then applies to IRCC for an employer-specific work permit using the positive LMIA and supporting employment documents.
IMPORTANT DISTINCTION
A Positive LMIA Is Not a Work Permit
An LMIA is an assessment obtained by the Canadian employer. It allows the employer to support the hiring of a temporary foreign worker for the approved position.
The foreign worker must separately apply to IRCC for authorization to work in Canada.
IRCC will assess the worker's admissibility, qualifications, immigration history and other applicable requirements before deciding whether to issue the work permit.
Positive LMIA ≠ Work Permit Approval
The employer's LMIA approval is an important part of the application, but the worker must still qualify for and receive a Canadian work permit.
Review My Work Permit CaseEMPLOYER-SPECIFIC WORK PERMIT
What Does Employer-Specific Mean?
An LMIA-based work permit normally authorizes employment according to specific conditions listed on the work permit.
01
Specific Employer
The work permit identifies the Canadian employer for whom the foreign worker is authorized to work.
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Specific Occupation
The permit and supporting employment documents are connected to the occupation approved for the foreign worker.
03
Work Location
The authorized employment location may also appear as a condition of the employer-specific work permit.
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Permit Expiry
The worker is authorized to work only for the period permitted by the work permit and subject to its conditions.
EMPLOYER & WORKER
Who Is Responsible for What?
The employer and foreign worker have different responsibilities in an LMIA-based work permit process.
01
Employer: Job Offer
The Canadian employer offers the foreign worker employment that meets the requirements of the applicable LMIA stream.
02
Employer: LMIA
The employer is responsible for applying for the LMIA and satisfying the applicable recruitment, wage and program requirements.
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Worker: Work Permit
After the required positive LMIA is available, the worker is responsible for applying for the Canadian work permit.
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Worker: Eligibility
The worker must demonstrate that they meet the requirements of the position and Canada's applicable immigration and admissibility requirements.
POSITIVE LMIA
What Does a Positive LMIA Mean?
A Labour Market Impact Assessment evaluates the impact that hiring a temporary foreign worker may have on Canada's labour market.
A positive LMIA generally confirms that there is a need for a temporary foreign worker for the position and that no Canadian citizen or permanent resident is available to fill the job.
The LMIA contains important information about the approved employment, including the occupation, wages and working conditions.
Already Have a Positive LMIA?
If your employer has received the positive LMIA, the next step may be preparing your employer-specific work permit application.
Start My Work Permit ApplicationWORKER ELIGIBILITY
What Does the Worker Need to Demonstrate?
A positive LMIA supports the employment, but IRCC still assesses the individual worker's eligibility for a work permit.
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Genuine Job Offer
The worker should have a genuine job offer that corresponds with the employment approved in the LMIA.
02
Qualifications
The worker may need to demonstrate relevant education, training, experience or other qualifications required for the occupation.
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Licensing or Certification
For regulated occupations, evidence of the required licence or certification may be necessary.
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Temporary Resident Requirements
Applicants must meet the general requirements applicable to temporary foreign workers in Canada.
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Admissibility
Medical, criminal and other admissibility considerations may affect the work permit application.
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Supporting Documentation
The application should include the required LMIA and employment documents together with evidence supporting the worker's qualifications.
DOCUMENTATION
Common Documents for an LMIA-Based Work Permit
The exact documents depend on the applicant, occupation and place of application.
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Positive LMIA Documents
The employer should provide the worker with the required positive LMIA documents, such as the LMIA decision letter and Annex A, together with the LMIA information needed for the work permit application.
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Employment Contract
The employment contract should reflect the position, compensation and employment conditions offered to the worker.
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Job Offer Letter
A job offer letter provides information about the worker's position, duties, pay and conditions of employment.
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Employment Experience
Reference letters, employment records and other evidence may be used to demonstrate relevant work experience.
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Education and Qualifications
Diplomas, degrees, certificates, licences or other documentation may help establish that the applicant qualifies for the position.
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Passport and Immigration Documents
Passport, current status documents and other immigration records may also be required.
WORKING IN QUEBEC
Additional Requirements May Apply in Quebec
Foreign workers who will work in Quebec may be subject to additional provincial requirements.
For LMIA-required employment in Quebec, a Quebec Acceptance Certificate, commonly known as a CAQ, may also be required depending on the position and circumstances.
The employer and worker should confirm both federal and Quebec requirements before submitting the work permit application.
Working in Quebec?
Quebec temporary foreign worker applications may involve additional provincial steps.
Review My Quebec Work PermitWHERE TO APPLY
Where Can You Apply for an LMIA-Based Work Permit?
The correct application process depends on where the foreign worker is located and whether they are eligible to apply from that location.
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Outside Canada
Many foreign workers apply for their first Canadian work permit from outside Canada after the employer receives the positive LMIA.
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Inside Canada
Certain foreign nationals who are already in Canada may be eligible to apply for or extend a work permit from inside Canada.
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Port of Entry
Certain eligible visa-exempt travellers may be able to apply for an employer-specific work permit at a Canadian port of entry, subject to current eligibility rules.
PORT OF ENTRY APPLICATIONS
Not Everyone Can Apply at the Border
Having a positive LMIA does not automatically make a foreign national eligible to apply for a work permit at a port of entry.
Port of entry applications are limited to applicants who meet specific eligibility requirements, including applicable visa-exemption requirements.
Workers who require a temporary resident visa generally cannot use the port of entry process to obtain their work permit.
Most foreign nationals who are already in Canada cannot leave Canada and re-enter solely to obtain immigration services at the border. Limited exceptions apply to certain categories of workers.
Check Before Travelling
Do not travel to the Canadian border solely to apply for a work permit without first confirming that you are eligible to apply at a port of entry.
Check Where I Can ApplyMEDICAL EXAMINATION
You May Need an Immigration Medical Exam
Depending on the applicant's travel and residence history and the type of work they intend to perform in Canada, an immigration medical examination may be required.
Medical requirements are particularly important for certain occupations where protection of public health is required.
If the appropriate medical examination is not completed, restrictions may appear on the work permit that prevent employment in certain occupations.
Working in Health Care or Child Care?
Review medical examination requirements before submitting your application to avoid unnecessary employment restrictions.
Review My RequirementsCHANGING EMPLOYERS
Can You Change Employers on an LMIA-Based Work Permit?
An LMIA-based work permit is generally employer-specific.
If you want to leave the employer named on your permit and work for a different employer, the new employer must generally complete the required hiring process and you must obtain appropriate work authorization for the new employment.
Workers who are already in Canada may, in certain circumstances, request authorization from IRCC to begin working for a new employer while their new employer-specific work permit application is being processed.
A New Job Offer Does Not Automatically Authorize Work
Before beginning work for a different employer, confirm that you have the required authorization to work under the new employment conditions.
Change My EmployerWORK PERMIT EXTENSION
Extending an LMIA-Based Work Permit
If you want to continue working beyond the validity of your current employer-specific work permit, you may need to apply for a new work permit before the existing permit expires.
Where the continued employment requires an LMIA, the employer will generally need the required LMIA support for the new work permit period.
In limited circumstances, a worker whose permit is about to expire may be able to submit a work permit extension application while the employer's new LMIA application is still being processed, provided the applicable IRCC requirements are met.
Do Not Wait Until Your Permit Expires
LMIA processing and work permit processing are separate steps. Start reviewing the extension strategy before your current permit reaches its expiry date.
Review My ExtensionMAINTAINED STATUS
Can You Keep Working While an Extension Is Processing?
If an eligible worker applies to extend their work permit before the current permit expires, they may be able to maintain temporary resident status while IRCC processes the application.
Where the conditions of the original employer-specific work permit remain the same, the worker may generally continue working under those existing conditions while the extension is being processed.
Maintained status does not automatically allow a worker to begin working for a different employer.
Same Employer vs. New Employer Matters
Continuing with your existing employer and changing to a new employer involve different work authorization considerations.
Check My Work AuthorizationFAMILY MEMBERS
Can Your Spouse or Family Members Come to Canada?
A foreign worker's spouse, common-law partner or dependent children may have temporary residence options of their own.
A spouse or common-law partner may qualify for an open work permit only if the current family open work permit rules are met. Eligibility can depend on the principal worker's occupation, TEER category, work permit validity and whether the worker is on an eligible pathway to permanent residence or falls within another exception.
An LMIA-based work permit by itself does not make a spouse eligible for an open work permit.
Family member eligibility should be assessed separately rather than assuming that an LMIA-based work permit automatically gives family members work authorization.
Bringing Your Family?
We can review work permit, visitor and study options for accompanying family members together with the principal worker's application.
Review My Family's OptionsAPPLICATION PROCESS
How an LMIA-Based Work Permit Application Works
The worker's application normally begins after the employer completes the required LMIA process.
1
Confirm the Job Offer
Review the Canadian position, employer, occupation, wages and employment conditions.
2
Employer Obtains the LMIA
The employer completes the applicable LMIA process and obtains a positive decision where required.
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Assess Worker Eligibility
Review whether the foreign worker meets the occupational, immigration and admissibility requirements.
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Prepare the Application
Gather the positive LMIA, employment contract, job offer and evidence of the worker's qualifications.
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Submit to IRCC
Submit the work permit application through the appropriate process based on where the applicant is eligible to apply.
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Work Under the Permit Conditions
Once the work permit is issued, the worker must comply with the employer, occupation, location and other conditions stated on the permit.
COMMON ISSUES
Common LMIA-Based Work Permit Problems
Even with a positive LMIA, issues in the worker's application can still lead to delays or refusal.
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Qualifications Do Not Match
The applicant cannot demonstrate the education, experience or qualifications required for the job.
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Job and LMIA Do Not Match
The employment documents contain inconsistencies in occupation, duties, wages or other employment information.
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LMIA Validity Period
The work permit application must be submitted while the positive LMIA is still valid for use in supporting the worker's application.
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Regulated Occupation
The worker does not have evidence showing that applicable licensing or certification requirements can be met.
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Immigration History
Previous refusals, unauthorized work, status issues or other immigration history may require additional explanation.
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Starting Work Too Early
A positive LMIA or job offer alone does not normally authorize a foreign national to begin working in Canada.
PROTECT YOURSELF
Be Careful With LMIA and Job Offer Fraud
Foreign workers should be cautious when dealing with anyone who promises a guaranteed LMIA, guaranteed work permit or guaranteed permanent residence in exchange for money.
A genuine LMIA-based work permit involves a real Canadian employer, a genuine position and employment conditions that correspond with the approved LMIA.
Immigration officers may review the applicant's qualifications, the employment documents and the circumstances of the proposed employment before issuing a work permit.
Have You Received an LMIA Job Offer?
Before relying on an unfamiliar employer or job offer, consider reviewing the employment and immigration documents carefully.
Review My LMIA Job OfferHOW WE CAN HELP
From Positive LMIA to Work Permit
AddPlus Immigration Solutions Inc. can assist foreign workers and Canadian employers with the immigration steps that follow an LMIA approval.
01
Eligibility Assessment
We review whether the foreign worker's background and qualifications support the approved position.
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Document Review
We review the LMIA, employment documents and worker evidence for consistency before submission.
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Work Permit Preparation
We assist with preparing and submitting the employer-specific work permit application to IRCC.
04
Family Applications
Where applicable, we can review temporary residence options for accompanying spouses, partners and children.
FOR CANADIAN EMPLOYERS
Need to Obtain an LMIA First?
If your business wants to hire a temporary foreign worker but has not yet obtained the required positive LMIA, the employer process comes before the worker's LMIA-based work permit application.
LMIA requirements vary depending on the occupation, wage level, location and Temporary Foreign Worker Program stream.
Employers should determine the correct LMIA pathway and eligibility before beginning recruitment and preparing an application.
Hiring a Foreign Worker?
AddPlus Immigration Solutions Inc. can help employers assess the LMIA process and prepare for the temporary foreign worker application.
Get LMIA AssistanceWORK IN CANADA
Have a Positive LMIA? Prepare Your Work Permit Carefully.
Tell us about your Canadian employer, positive LMIA, occupation and immigration history. Our team can help you assess your eligibility and prepare your employer-specific work permit application.
Start Your Work Permit Application