A labour market impact assessment (LMIA) is an opinion by an officer acting on behalf of Employment and Social Development Canada (ESDC) about the effect of employment of a foreign national by a Canadian employer on the Canadian labour market. This opinion is provided in a document, which can be positive or negative, and specifically either provides or denies permission to a Canadian employer and whether they can hire a foreign national for work in Canada. Accordingly, LMIA may be required, but not always, if you want to hire a foreign national.

A foreign national will normally require a LMIA to have their work-permits issued. However, not every employment of foreign national calls for you to get a LMIA. For example, if you interested in hiring through the Global Talent Stream, Intra-Company Transfer Pathway, Canada’s Free Trade Agreements, International Experience Class (Working Holiday Visa), or other eligible pathways, you may be exempt from applying for a LMIA.

LMIA Application Process

There is six-part application process which a Canadian employer must follow to get a successful positive LMIA.

• Are you eligible to apply for a LMIA
• Have you complied with LMIA eligibility and advertising requirements
• Have you submi ed a LMIA application through an online portal
• Has ESDC assessed your application and the evidence
• Has ESDC call you for an interview
• Have you received a positive confirmation from ESDC

The six-step LMIA process is a simplified version of what is actually required to get a positive LMIA. There are complex rules around employers’ eligibility and the advertising compliance. An employer wanting to apply for a LMIA must also determine which stream of the LMIA do they qualify for, and which stream works best to achieve their business objective. Each LMIA stream has its own rules, including advertising rules for each of the streams.

At Parush Mann Law we regularly work with Canadian employers to assess whether a LMIA is a good pathway to solve their labour needs. We have experience working with large corporations and small retail employers. We take the time to understand your business, develop legal strategies, and implement economical solutions.

LMIA Exempt Work Permits

If you have a business in operation and would like to establish a presence in Canada, you may be able to get a labour market impact assessment (“LMIA”) exempt intra-company transfer work permit. This program is for those people who are thinking of branching out to the Canadian market and are interested in establishing their business first.

There are also options available for investors or business operators to apply for a LMIA work permit to come to Canada and work as a self-employed person. This program will allow you to come to Canada on a work permit, and either purchase or establish a new business.

Canada business immigration is one of the most complex and challenging pathways to permanent residence. The process itself is multifaceted and can be difficult for a person that is not legally trained in Canadian immigration law and process.

At Parush Mann Law we can help you review which business program(s) will be best suited for your needs. Our Canadian immigration lawyer(s) have the experience and expertise with the Canadian immigration system and can help you navigate this complex process.