Short Summary
LMIA-supported work permits require employer-side labour-market evidence and worker-side eligibility to line up.
Key Takeaways
- An LMIA is usually handled by the employer before the worker applies for the work permit.
- A positive LMIA can support an employer-specific work permit, but it does not guarantee approval.
- Job duties, wage, location, dates, employer records, and worker qualifications must be consistent.
Main Explanation
The Temporary Foreign Worker Program allows employers to hire foreign workers when they can show a labour-market need and meet program rules. Service Canada/ESDC assesses the LMIA, while IRCC assesses the work permit application.
Employer-side issues can include recruitment, wage, business legitimacy, job genuineness, housing or transportation in some streams, and compliance history. Worker-side issues include qualifications, identity, admissibility, status, and whether the job offer is credible.
Because the LMIA and work permit are connected, small inconsistencies can become large problems. The NOC/TEER, duties, wage, worksite, employer name, dates, and supporting documents should tell the same story.
Official reference: ESDC Temporary Foreign Worker Program
FAQ
Do all work permits need an LMIA?
No. Some categories are LMIA-exempt, and some workers may qualify for open work permits.
Can I change employers with an employer-specific work permit?
Usually not without new authorization. The worker must follow the conditions listed on the permit.
Need advice for your situation?
Book a paid consultation to review employer documents, LMIA strategy, wage and recruitment issues, worker eligibility, and work permit filing steps.
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