Who requires an LMIA?

As a general rule, any applicant who has a suitable job offer from a Canadian employer, but who does not have a valid temporary work permit and is not authorized to work in Canada must have the Canadian employer obtain an Labour Market Impact Assessment (LMIA)prior to submitting their FSWP application in order to benefit from Arranged Employment.

In some cases, foreign workers who are currently working in Canada are still required to have their employers obtain an LMIA to benefit from Arranged Employment. This includes the following types of applicants:

  • Foreign workers who have a job offer from a Canadian employer that is different from the employer indicated on their work permits;
  • Foreign workers who have work permits that were issued without an LMIA due to exemptions other than those noted above, e.g. the Intra-Company Transfer category;
  • Foreign workers who have open work permits (not linked to any specific employer); and
  • Individuals who are authorized to work in Canada without a work permit, such as business visitors.

One interesting aspect of the new Arranged Employment regulations is that an LMIA obtained from Service Canada entitles the applicant to a temporary work permit immediately. Thus, the applicant may be able to come to Canada as a temporary foreign worker immediately, while their permanent residence FSWP application is still being processed.

While some individuals are fortunate enough to already be working in Canada, those who do not yet have a job offer can begin searching and applying for jobs across Canada. One way to do so is by visiting SaskJobcafe.ca

Contact International Immigration and Business Consulting (IIBC)
If you have any questions regarding labour market impact assesment (LMIA), job offers in Canada, or arranged employment, please contact us anytime for more information.

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