LMIA
What Does LMIA Stand For?
A Labour Market Impact Assessment (LMIA) is a required document for Canadian employers intending to hire foreign workers. A positive LMIA indicates the necessity of a foreign worker to fill a specific job and confirms the unavailability of a Canadian worker for the position. This affirmative LMIA is often referred to as a confirmation letter.Employers seeking an LMIA must submit an application. Upon obtaining the LMIA, the worker can proceed to apply for a work permit.
Requirements for Applying for a Work Permit as a Worker
- To submit a work permit application, a worker requires
- A job offer letter
- A contract
- A copy of the Labour Market Impact Assessment (LMIA)
- The LMIA number
Overview of the Canadian Temporary Foreign Worker Program (TFWP)
The Canadian Temporary Foreign Worker Program (TFWP) has been gaining increasing popularity annually. It involves collaboration among three main departments, typically for the following functions
- Employment and Social Development Canada (ESDC), responsible for employer compliance reviews and labor market impact assessments.
- Immigration, Refugees and Citizenship Canada (IRCC), tasked with processing applications.
- The Canada Border Services Agency (CBSA), handling port-of-entry examinations and the admission of foreign nationals.
Administration of the Temporary Foreign Worker Program (TFWP)
The Temporary Foreign Workers Program is administered based on wages rather than the National Occupational Classification (NOC). Employers must determine whether they are offering a high or low wage and adhere to the requirements for hiring foreign workers in one of the following occupational streams under the Temporary Foreign Workers Program
Occupations with Higher Wages
High-wage positions refer to roles where the offered wage is equal to or exceeds the provincial/territorial median wage. Examples of high-wage positions encompass managerial, professional, scientific, technical, or skilled trade occupations. Typically classified as high-skilled, these occupations are prevalent across various sectors of the economy, leading to diverse recruitment practices and regulatory requirements.
Occupations with Lower Wages
Low-wage positions refer to roles where the offered wage is below the provincial/territorial median wage. The primary objective of the low-wage positions stream is to address labor market imbalances in cases of shortages among Canadians and permanent residents. Generally, there is a 10 percent cap on the number of temporary foreign workers that employers may hire. Examples of low-wage positions include general laborers, food counter attendants, sales and service staff, cleaners, cashiers, and drivers. Typically requiring at most a high school diploma or a maximum of two years of job-specific training, these jobs are associated with lower wages. Criticism has been directed at the government, particularly concerning its challenge in distinguishing whether the need to address labor shortages is a short-term phenomenon or a result of longer-term changes in the economy.
Program for In-Home Caregivers
In-Home Caregiver Program: A program designed for foreign caregivers engaged in full-time care services within a private residence, either on a live-in or live-out arrangement, catering to children, seniors, or individuals with certified medical needs. Employers have the option to hire temporary foreign caregivers to work in their homes under either a live-in or live-out arrangement, available through two distinct streams.
Caregivers for Minors Under 18 Years of Age
Examples include lower-skilled occupations categorized under NOC code 4411, such as home child care providers like babysitters, live-in caregivers for child care, private home child care providers, nannies, and parent’s helpers.
Caregivers for Individuals with Intensive Medical Needs
Caregivers for individuals aged 65 or older, or those with disabilities, including chronic or terminal illnesses. This involves higher-skilled occupations falling under NOC code 3012, such as registered nurses and registered psychiatric nurses; NOC code 3233, including licensed practical nurses; and NOC code 3413, covering nurses’ aides, orderlies, and patient service associates.
Note that home support workers, housekeepers, and related occupations under NOC code 4412 do not qualify. For the latest updates, refer to ministerial instructions (MIs) and ESDC websites. Further details about this program are discussed below
Stream for Foreign Agricultural Workers
Foreign Agricultural Stream: Positions linked to occupations and tasks in primary agriculture, involving work on a farm, nursery, or greenhouse. These roles may include operating agricultural machinery, as well as tasks such as boarding, caring, breeding,
Sanitation, or other handling of animals (excluding fish) for the production of raw animal products for the market. Additionally, it encompasses activities related to the collection, handling, and evaluation of these raw products, as well as the planting, care, harvesting, or preparation of crops, trees, sod, or other plants for the market.