Migrating from a Labour Market Impact Assessment (LMIA) to a work permit in Canada involves several steps, as the LMIA is typically the first step required for obtaining an employer-specific work permit. Here’s how the process works:
1. Understanding LMIA
- The LMIA is a document that a Canadian employer must obtain from Employment and Social Development Canada (ESDC) to prove that hiring a foreign worker is necessary due to a lack of qualified Canadians available for the role.
- The LMIA approval confirms that the employer has met the requirements and is allowed to hire a foreign worker for the specific position.
2. Employer’s Role in Obtaining LMIA
- The employer is responsible for applying for the LMIA, which includes proving efforts to recruit Canadians for the position and demonstrating the need to hire a foreign worker.
- Once the LMIA application is approved, the employer receives a positive LMIA, which they then provide to the foreign worker.
3. Applying for a Work Permit with a Positive LMIA
- With a positive LMIA in hand, you (the foreign worker) can then apply for a work permit. The LMIA essentially supports the work permit application by demonstrating the employer’s need to hire you.
- To apply for the work permit, you’ll need:
- A copy of the positive LMIA and the offer of employment.
- Proof that you meet the qualifications for the job (like credentials or work experience).
- Other supporting documents, which may include proof of identity, language ability, or educational qualifications.
4. Work Permit Application Process
- You can apply for a work permit either online or at a Canadian port of entry, depending on your nationality and the specific requirements of your situation.
- Processing times for work permits vary, so checking the estimated times on the Government of Canada website is recommended.
5. Receiving the Work Permit
- Once your work permit application is approved, you’ll receive an employer-specific (or closed) work permit, which allows you to work only for the employer listed on the LMIA.
- The work permit specifies the employer, job title, and duration of employment.
6. Transitioning to Permanent Residency
- In many cases, foreign workers can use their Canadian work experience to strengthen an application for permanent residency through programs like:
- Express Entry (Canadian Experience Class): This program allows foreign workers with Canadian experience to apply for PR, particularly those who have worked in Canada for at least one year in a skilled position.
- Provincial Nominee Program (PNP): Some provinces offer nominations for foreign workers employed within their region, allowing for an additional pathway to permanent residency.
Additional Notes:
- LMIA Exemptions: Not all work permits require an LMIA. Some categories, like intra-company transfers, post-graduation work permits, and certain free trade agreements (e.g., CUSMA for U.S. and Mexico citizens), do not require an LMIA for a work permit.
- Open Work Permits: In specific cases, foreign workers may qualify for an open work permit, which does not tie them to a specific employer, such as spousal open work permits or post-graduation work permits.
By following these steps, a foreign worker can move smoothly from an LMIA approval to obtaining a valid work permit to legally work in Canada.
