Temporary Visa

LMIA (Labour Market Impact Assessment) and Work Permit
LMIA (Labour Market Impact Assessment) and Work Permit
Canadian law requires a legal authorization from the Canadian Embassy before a foreign worker without a PR or citizenship is allowed to temporarily take employment in Canada.

Applying for a Work Permit involves a job offer and a sponsor from a local employer with a positive LMIA (Labour Market Impact Assessment). A positive LMIA shows that the employer needs foreign workers to fill the job position because there were no Canadians available.

Before a positive LMIA is given to the employer, they consider whether the working conditions are adequate, whether the foreign worker was given the same conditions offered to Canadians. They also consider the fact if there was enough effort made to hire local workers and the necessity and urgency of hiring foreign workers. An LMIA might not be needed in some cases of intercompany transferring, possession of a working holiday visa and having a spouse with a skilled work permit or a student visa.

This protects the foreign workers from improper treatment at workplace and it also protects Canadian citizens and permanent residents from losing job opportunities by giving disadvantages to foreign workers through difficult application process and expensive application fees.

Work Permit Application Process

STEP 1 Employer

  • The employer gives a job offer to the foreign worker.
  • When forming a contract with the employer, the foreign worker must confirm both parties’ rights and the legality issues involved in the contract.
  • When the contract is completed upon both parties’ agreements, it is recommended to complete a medical exam in advance to minimize the processing time.
  • The employer must apply for an LMIA. The employer needs to demonstrate the effort made to hire to a local worker with evidence, such as the advertisement.

STEP 1 ESDC

  • LMIA evaluation standards
    • - Occupation and Job Duties examined
    • - Wages & Working conditions examined
    • - Advertisement & Recruitment
    • - Labour Market Benefit
    • - Labour dispute

STEP 3 Employee (Applicant)

  • When the LMIA application is approved by the ESDC, the foreign worker must submit the application for a work permit with other supporting documents at the Canadian embassy or an airport/border.
  • Before entering the border, the foreign worker needs to know the result of the medical examination in advance; the worker can be denied from entry if the medical examination result is not approved.