My Employer Wants to Hire a Foreign Worker. What Does That Actually Involve?

You are a Canadian business owner or HR manager, and you have a position you cannot fill locally. You have a candidate in another country who is perfect for the role. Or maybe a current employee on a work permit needs their authorization extended and you want to keep them.

The process for hiring a foreign worker in Canada is more involved than many employers expect going in. Here is a clear overview of what it actually requires.

The LMIA: The Foundation of Most Employer-Sponsored Work Permits

In most cases, to hire a foreign worker in Canada, a Canadian employer first needs to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA is a document that assesses whether hiring a foreign worker for a specific position will have a neutral or positive impact on the Canadian labour market.

In practical terms, it requires the employer to demonstrate that they made genuine efforts to recruit Canadian citizens and permanent residents for the position, could not find a qualified Canadian candidate, and that hiring a foreign worker is appropriate given the circumstances.

What the LMIA Process Requires From the Employer

Employers applying for an LMIA must advertise the position for at least four weeks across specific channels including national job boards, the Job Bank website, and at least one other method. The advertising must target Canadian candidates and be in a format that genuinely would reach them.

After the advertising period, the employer completes the LMIA application with documentation of recruitment efforts, the job offer details, the wage being offered (which must meet or exceed the prevailing wage for that occupation in that region), the business’s financial health, and how the foreign worker will be accommodated if relocation is involved.

LMIA processing fees apply per position. The standard LMIA fee is currently $1,000 per position. Some categories, including agricultural workers and in-home caregivers, have different fee structures.

LMIA Exemptions: When You Do Not Need an LMIA

Not every foreign worker hire requires an LMIA. Exemptions exist for workers covered under international trade agreements such as the Canada-United States-Mexico Agreement (CUSMA) or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), intracompany transferees moving within a multinational organization, workers with a significant benefit to Canada such as researchers or artists, and certain international agreements that create reciprocal work authorization.

If your candidate or current employee may qualify under an exemption, the process is significantly faster and less costly than an LMIA-based permit. Identifying whether an exemption applies is one of the most valuable things an immigration consultant does for employers in this situation.

After the LMIA: The Worker’s Work Permit Application

A positive LMIA is not a work permit. It is a document that supports the worker’s application for a work permit to IRCC. Once the employer has a positive LMIA, the foreign worker submits their own work permit application with the LMIA number included. The worker must also meet all admissibility requirements including a valid passport, medical examination if required, biometrics, and any country-specific visa requirements.

How Long Does Employer-Sponsored Immigration Take?

LMIA processing at ESDC is currently running two to five months for standard positions, with some variations. After the positive LMIA is received, the worker’s work permit application at IRCC adds additional time, typically two to four months for applicants from most countries.

Total time from starting the LMIA process to the worker arriving in Canada and beginning work: plan for six to nine months in most cases under current processing conditions, and up to twelve months if complications arise.

Frequently Asked Questions