Step 1

Canadian Employers should conduct recruitment efforts to hire Canadians and permanent residents before they offer a job to a Non-Canadian citizen. Employers have toadvertise the job opening for at least four weeks and this will vary dependingon the job position and area.

LMIA applications are ask all the details of your hiring efforts such as number of Canadian applicants for the position, how many numbers of offers of employment made, how many un-qualified applicants came, and the employer should provide a written description of why each unhired Canadian candidate was not eligible for the job etc.

Step 2

Canadian Employer submits the LMIA Application form (EMP5593) with all supported Documents and paying the fee.

Canadian Employers should provide the name of the foreign national they like to hire at the time they are sending the LMIA Application form.

Schedule D – Skilled trades job offer – Employer#2 (EMP5595), if applicable

Signed Job offer by the employer and the foreign worker.

Advertisement proof such as copy of advertisement and informationto support when, where and how long the new job opening was advertised.

All completed documents and application forms have to be submitted to the Service Canada Centre authorized for processing skilled workers applications.

Note : employers are advised to submit copies, not original documents though, while submitting the application, because in case the applications are incomplete they will not be retained or returned the documents.

If the Canadian employer is hiring for a job opening located in the province of Quebec, the foreign worker needs to take a Certificatd’acceptation du Québec (CAQ) in order to work temporarily in Quebec. The CAQ application will have to be submitted to Quebec’s Ministère de l’Immigration, Francisation et de l’Intégration (MIFI) at the same time as the LMIA is submitted to ESDC.

ESDC and MIFI have made available to employers a streamlined LMIA process to fill selected positions in Quebec without having to include proof of recruitment efforts.

After receiving the Positive or Neutral LMIA, the Canadian employer should provide a copy of the LMIA approval letter with a job offer letter to the foreign worker who wish to apply for a work permit.

Foreign worker applying for the work permit with all supportive documents such as LMIA approval letter, job offer letter (and the CAQ if applicable) and paying the fee. Applications have to be submitted to IRCC (Canadian Visa Office at the country they are living)

Work permit is issued

In some cases the foreign workers can get a work permit without aLMIA, these work permits are known as LMIA Exempt work permits and giving the details below :

• International agreements, like North American Free Trade Agreement (NAFTA), Comprehensive Economic and Trade Agreement (CETA), or Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);
• The Canadian interest:
  • In the occasions of significant economic, social or cultural benefits to Canadians.
  • youth and teacher exchange programs.
  • The international students studying in Canada to fulfill academic requirements such as co-op placements.
  • The accompanying spouses/common-law partners of some work permit and Study Permit holders staying in Canada to work in Canada;
  • For doing the charitable or religious work.
• some other situations for the persons living in Canada for reasons other than the above said, such as making for a refugee claim, need to support themselves.
• some permanent residence applicants in Canada.

The Canadian temporary work permit will be issued at the point of entry by a Canada Border Services Agency (CBSA) officer at the time the foreign worker arrives in Canada.

A temporary work permit validity ranges from a few days to a few years.

Most of the Canadian work permits are employer specific, otherwise referred to as “Closed Work Permits” and given for a specific job in Canada.
Consequently, a foreign worker may only work for the employer specified on the work permit. As such, if the foreign worker finds a different employment and does not yet have permanent resident status, the foreign worker should apply for and receive a new work permit prior to changing employers or their job in Canada.

In some situations, Canadian immigration regulations allow for Open Work Permits, which are not employer specific.

In Details: The position is for an academic and is not covered by any other applicable Labor Market Impact Assessment exemption.

Non-Canadian workers who required a work permit, but do not require a Labor Market Impact Assessment, details are giving below

• Post-doctoral fellows;
• Research award recipients;
• Eminent individuals, like leaders in different fields;
• Guest lecturers;
• Visiting professors;
• Citizens of the U.S. and Mexico appointed as professors under the university, college and seminary levels of the North American Free Trade Agreement NAFTA); and
• Citizens of Chile appointed as professors under the Canada Chile Free Trade Agreement (CCFTA).

Variation: The Canadian employer should conduct recruitment efforts as per below :

• Employer need to advertise opening positions in Canada;
• Employer need to make sure any opening position advertised outside Canada is also advertised simultaneously in Canada;
• They should advertise at least a month to allow broad exposure of the vacancy to Canadians and permanent residents;
• Employer should prove the advertising medium used (web, print or electronic) is effective in attracting appropriate candidates for the position;
• Include in the advertisement this statement: “All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority”;
• Need to Meet all conditions of applicable collective agreements;
• Outline the educational institution’s hiring decision and providing summaries of Canadian applicants verified by the vice-president (academic) or other senior academic official of the educational institution; and
• Be prepared to fill a yearly summary report on recruitment practices for Canadian academics and results.

The above things are applicable for AllProvinces

In Details: The position is for a camp counsellor who will be working in Ontario.

Variation: The employer should provide paper works (e.g. job offer letters) showing efforts to hire Canadian campers from the last year and a commitment in writing. Moreover, the employer must commit to pursue Spring recruitment campaigns in high schools and post-secondary institutions.

*The above things are applicable in Ontario only

In Details : Canadian Employers who wish to hire a non-Canadian who has been selected by Quebec as a first step to get permanent residence and who has received a Certificate of Selection in Quebec (CSQ).

Variation: In some situations, the Employers do not need the recruitment and thus the advertising requirement, only if Service Canada determines, during the assessment of the LMIA application, that the NOC code used for the employment offer and the description of the position is the same as the NOC code found on the CSQ

Canadian employers must conduct all recruitment efforts, as per the minimum advertising requirements, if Service Canada determines that the NOC code listed on the CSQ is not the same as the one mentioned on the LMIA application.

As of June 1, 2012, employers hiring a temporary Non-Canadian worker who has a CSQ and who resides in the province of Quebec may not require a LMIA. For more information on LMIA exemptions in Quebec, contact CanadaVisa Point .

The above things are applicable Quebec only

In Details : The opening is part of a collective bargaining agreement that contains provisions for hiring/promoting through internal staffing processes. This pertains to cases where a temporary non-Canadian started employment, as per the original approved LMIA and work permit, but who has, through an internal hiring process — stipulated for a collective bargaining unit through a Collective Bargaining Agreement (CBA) — was selected to a different job. In this case a new LMIA and work permit would be required since the Non-Canadian worker was hired in a different job.

Variation: In this case, internal posting for the position, as per the CBA, will suffice to satisfy minimum advertising requirements. Specifically, the employer should provide the internal posting of the opportunity for promotion. All members of the Collective Bargaining Unit should have had an opportunity to apply for the position.

It is important to note that an internal posting for a position can only be accepted as minimum advertising requirements for workplaces/positions that are covered by a CBA, which stipulates internal recruitment. This does not extend to promotions granted in other scenarios.

The above things are applicable for All Provinces

In Details : An employer association can be authorized to advertise on behalf of one or more of its members.

Variation: An employer association advertising for positions on behalf of an employer, or a number of employers, need to advertise as per the general advertising requirements for NOC 0, A, B, C and D.

When the time submitting the employers LMIA application we have to submit the below documents

The Employer Associations have to submit the signed Appointment of Representative from, specifically authorizing the third-partyrepresentative to act on their behalf. Service Canada may contact employers to verify the authorization and ask report on recruitmentefforts, to show the job opening was advertised and ask to submit the copies of the advertisements, the number of PR applicants and why they not hired.

If the employer associations, who are conducting advertising for more than one job for the same employer, or are advertising for multiple employers, need to ensure that the advertisement includes the salary range for each job and location. The salary range should always include the prevailing wage for the job.

The above things are applicable for All Provinces

In Details : The job is for a particular occupation in the entertainment/media sector where a worker is often hired for a very few number of days, in a particular geographical area, and on very short notice (e.g., bar bands, boxers, DJ’s, musicians, film directors singers, and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).

Variation: No advertising or recruitment is required.

*The above things are applicable for All Provinces

In Details : The employment is with an international organization or the mission of a foreign government, but is not exempt under Section 186 (work permit not required) or Section 204 (business visitor under GATS or NAFTA) of the Immigration and Refugee Protection Regulations.

Variation: In these circumstances, the international organization or foreign government will have selected the foreign national according to its own process and in light of its own requirements. No advertising or recruitment is required.

The above thing is applicable for AllProvinces

Canadian employers hiring in-home caregivers under the TFW Program should follow the same recruitment requirements set out for high-wage occupations or low-wage occupations.

Variation: when the time of advertisement, employers do not need to list the business address (e.g. home address) as part of the advertisement. However, they should include information regarding the location of work.

Employers may not list their full name, but rather can use their first name only or other reasonable identifier.

In Details : Canadian employers hiring temporary non-canadian workers to work in on-farm primary agriculture have specific advertising criteria that should be met for:

• higher-skilled jobs like farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256); and
• lower-skilled jobs like general farm workers, nursery and greenhouse workers and harvesting labourers (specifically NOC codes 8431, 8432 and 8611).

Variation: For fulfilling the minimum advertising requirements, Canadian employers should advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec or Saskatchewan. The advertisement should be there :

• At least 14 calendar days starting from the first day the ad appears and is accessible to the general public; and
• It should three-month period prior to the Canadian employer applying for a LMIA.

Canadian employers need to conduct recruitment activities consistent with the normal practice for the occupation for at least 14 calendar days. To meet this requirement, employers should choose one or more of the following ways:

• Advertise on well-known Internet employment sites
  like Monster, Workopolis, Indeed etc
• Advertise in local and regional newspapers, newsletters;
• Advertise in ethnic newspapers and Internet sites;
• Advertise in local stores, places of worship, community resource centers
• Advertise in local and regional employment centers.

The advertisement should mention the below points:

• Company legal and operating name;
• Business operational address;
• Title of employment ;
• Employment duties (for each position, if advertising more than one vacancy);
• Terms &Conditions of employment ;
• Salary ;
• Other Benefits package being offered (if applicable);
• Geographical location of employment (local area, city or town);
• Company contact information: telephone number, cell phone number, email address, fax number, or mailing address; and

• Necessary skills requirements:

  • Education; and
  • Work experience.

Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the advertisement should be listed under the employer’s Canada Revenue Agency business number.

In Details : If the job position is for business owners and does not refer to individuals who receive shares as part of a compensation package. To qualify as an owner/operator, the non-canadian should:

• Show a level of controlling interest in the business, e.g. be a sole proprietor or a main shareholder;
• Show that such temporary entry will result in the creation or retention of job opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents; and,
• Do not able to be dismissed.

Variation: In this case advertisement of recruitment is not needed.

The above things are applicable for All provinces

In Details : If this job for an teacher in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on each religion.

Variation:Canadian employers should advertise on the national Job Bank (or provincial equivalent), or conduct same recruitment activities consistent with the occupation (e.g. advertising in church publications) three months prior to applying for a LMIA.

The above things are applicable for All provinces

In Details : The job opening is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).

Variation:Canadian employers should conduct their recruitment efforts as mentioned under Temporary Work Permits for Work in Quebec.

*The above things are applicable only in Quebec.

In Details : If the work need a specialist having proprietary knowledge and/or experience related to the work to be performed, the time-frame of the work is limited, and there is no option for Canadians to be trained.

Circumstanceslike this variation could apply include (but are not limited to) :

• IF service required for equipment/machinery manufactured outside of Canada and the original equipment manufacturer (OEM) does not have Canadian licensees that can do the work (equipment is generally no longer under warranty, or covered by an after sales agreement); or
• The work to be performed requires someone currently unavailable in Canada, with proprietary knowledge, experience and/or tools from the OEM (or an approved OEM licensee) to perform the work or to oversee and direct Canadians doing the work; or
• Service required for equipment that is so old (no longer in production) that customized parts have to be manufactured / or new parts reconfigured by an OEM approved technician / representative.

Variation: In this case no need of advertising or recruitment.

The above things are applicable inAll Provinces

In Details : If the work entails installation, inspection or repair of equipment, and the terms of the warranty require the work to be done by skilled workers designated by the manufacturer.

Variation: In this case not required advertising or recruitment

The above things are applicable inAll Provinces

Canadian high-growth companies that can show a real need to hire a unique specialized talent from outside Canada fall under Category A. Employers in this category should be referred to the Global Talent Stream by a designated referral partner.

List of Designated referral partners for employers situatedoutside Quebec includes the below organizations.

• Vancouver Economic Commissionv
• Accelerate Okanagan
• Atlantic Canada Opportunities Agencyv
• BC Tech Association
• Burlington Economic Development Corporation
• Business Development Bank of Canada
• Canadian Economic Development for Quebec Regions
• Cape Breton Partnership
• City of Brampton
• City of Hamilton’s Economic Development Office
• City of Mississauga
• Communitech Corporation
• Council of Canadian Innovators
• Economic Development Winnipeg
• Edmonton Economic Development
• Federal Economic Development Agency for Southern Ontariov
• Genesis (Newfoundland)
• Global Affairs Canada’s Trade Commissioner Service
• Government of Alberta, Alberta Labour
• Government of British Columbia, Ministry of Jobs, Trade and Technology
• Government of Manitoba, Manitoba Education and Training
• Government of Nova Scotia, Nova Scotia Business Inc.
• Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Immigrant Nominee Program
• Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office
• Government of Prince Edward Island, Island Investment Development Inc.
• Government of Saskatchewan, Ministry of the Economy
• Halifax Partnership
• Tech Manitoba
• Innovation, Science and Economic Development Canada – Accelerated Growth Service
• Invest Ottawa
• Invest in Canada
• Kingston Economic Development Corporation
• Launch Academy
• London Economic Development Corporation
• MaRS Discovery District
• National Research Council – Industrial Research Assistance Program (NRC-IRAP)
• Privy Council Office, Special Projects Team
• Regional Municipality of Niagara
• Regional Municipality of York
• Sarnia-Lambton Economic Partnership
• Toronto Global
• Town of Oakville
• Venn Innovation
• Waterloo Region Economic Development Corporation
• WindsorEssex Economic Development Corporation

The employers from Quebec are advised to consult Quebec’s Ministry of Immigration, Francisation and Integration website (French only) for getting the list of designated referal partners for Global Talent Stream located in Qubec

Category B

This Category forthe employers like to hire certain highly skilled workers from outside Canada for occupations under the Global Talent Occupations List, mostly these occupations are determined to be in-demand and less domestic laboursupply. Kindly contact us for latest updates on this list because its updated periodically as per the labour market requirements.

Global Talent Occupations List for Category B

Canadian employers in both A, B categories are need to meet conditions relating to the payment of skilled workers. Non-canadian workers hired through the GTS should be paid at the prevailing wage or higher. The prevailing wage is defined as the highest figure of either:

• the median wage for the job on the Government of Canada’s Job Bank;
• the wage within the range an employer pays present employees in the same position at the same geographical location, with the same skills and experience;
• the minimum salary floor as defined in the Global Talent occupations list (if applicable).

Global Talent Stream – Wages

Canadian Employers need to commit to pay the highest wages as follow.

• A yearly salary of minimum $80,000, or an annual salary equivalent to the current wage for that occupation if it is more than $80,000 for the first two unique and specialized positions requested under Category A. For two or more unique and specialized positions requested under Category A, or an annual salary same to the current wage for that job if it is more than $150,000. ESDC says there is no flexibility in the application of the wage requirement for additional positions being requested under Category A;
• the applicable minimum wage for the occupation for a highly skilled position requested under Category B as identified in the Global Talent Occupations List;
• the wage that is within the wage range that the employer is paying current employees hired for the same job and work location, and with the same skills and years of experience; or
• the median wage on the Government of Canada’s Job Bank. The median wage is listed by job title or National Occupational Classification (NOC) code in the middle column, by community or area in Canada’s job bank.

In this stream two categories of workers are now exempt from the requirement to obtain a work permit.

Highly skilled workers in skill type 0 or skill level A occupations of the NOC may enter Canada to work for 15 days in a six-month period, or for 30 days in a 12-month period, without obtaining a work permit.

Researchers working on research projects at a publicly funded degree-granting institution or affiliated research institution may come to Canada for 120 days in a 12-month period, without requiring a work permit.

Category A

If a Quebec-based employer wish to hire a foreign skilled worker on a Temporary Work Permit should secure a CAQ in addition to a Labour Market Impact Assessment (LMIA).

The CAQ certifies that the Quebec Ministèred’Immigration, Diversité et Inclusion (MIDI) concurs with Service Canada’s assessment that hiring a foreign worker will have a neutral or positive effect on the local labour market. Employment in Quebec that will last for a period of 30 days or less not need this certificate.

Individuals whose jobs are LMIA-exempt not need a CAQ to perform work in Quebec.

Must first obtain a CAQ before applying to the Canadian federal immigration authorities for a Canada Study Permit. In order to apply for a CAQ for a study program, the applicant should first take a letter of acceptance from a Designated Learning Institution (DLI). Certain individuals may be exempt from the requirement for a CAQ before applying for a study permit. Alternatively, if an individual is exempt from the requirement for a study permit, he or she may also be exempt from the requirement for this certificate.

If you are wish to pursue a study program of six months or less do not need a CAQ or a study permit. However, it is important to verify if a Temporary Resident Visa (TRV) is required, in order to be able to enter Canada as a visitor.

Streams under Global Skills Strategy (GSS), there are two type of individuals who may enter Canada to do work without requiring a work permit.

If you do not need a work permit under Global Skills Strategy, you should apply for a Temporary Resident Visa (TRV) or an electronic Travel Authorization (eTA), if applicable.

Researchers

For qualifying for the work permit exemption, Research should demonstrate:

• They will be working in Canada for one period of 120 days every 12 months: and
• They will be performing research at a Canadian, publicly funded, degree-granting institution or its affiliated research institution.

Highly Skilled Workers

For qualifying for the work permit exemption, Highly Skilled Workers should demonstrate:

• They will be working in a job that is considered skill type 0 (executive, managerial) or skill level A (professional) in the National Occupational Classification (NOC); and
• They will be working in Canada for one of the following periods of time:
  • Up to 15 consecutive days once every 6 months; or
  • o Up to 30 consecutive days once every 12 months.

If you granted working under the Global Skills Strategy should stop working once the exemption ends. You have to wait until you are eligible for another exemption under this category, or you may choose to apply for a work permit.