Hiring a temporary foreign worker can be an excellent solution for filling gaps in your workforce, particularly in industries facing labor shortages like agriculture, construction, and trades. However, the process involves a few important steps, starting with obtaining a Labour Market Impact Assessment (LMIA). Don’t worry—we’ll break it all down for you in simple terms.
What Is an LMIA, and Why Do You Need It?
An LMIA is a document that the Government of Canada issues to confirm that hiring a foreign worker is necessary because no Canadian worker is available to do the job. Essentially, it’s the government’s way of ensuring that employing foreign workers doesn’t negatively impact the local labour market.
If you’re an employer looking to hire a temporary foreign worker, you’ll likely need an LMIA to proceed. There are some exceptions—for instance, certain roles under international agreements like the Canada-United States-Mexico Agreement (CUSMA) or intra-company transfers don’t require an LMIA. But for most jobs, especially low-wage or high-demand positions, an LMIA is a must.
How to Get an LMIA
Obtaining an LMIA requires several steps and some preparation. Here’s a quick overview of what you’ll need:
- Job Advertisement: You’ll need to show that you’ve tried to hire a Canadian or permanent resident first. This means posting the job in various places, like job boards or local newspapers, for a specific period (usually at least four weeks).
- Application Form: Fill out the appropriate LMIA application form for your industry. There are different forms for high-wage positions, low-wage positions, and specific sectors like agriculture.
- Supporting Documents: Prepare to submit documents that show your recruitment efforts, the details of the job offer, and your ability to pay the worker.
- Application Fee: There is a government fee of CAD $1,000 per position when applying for an LMIA. This fee is non-refundable, even if your application is denied.
Professional Fees for LMIA Assistance
If the process sounds overwhelming, you’re not alone. Many employers choose to hire an immigration consultant or lawyer to help with their LMIA application. Professional fees for this service can range from CAD $2,000 to $5,000, depending on the complexity of the application and the consultant’s expertise. While it’s an additional cost, it can save time and increase your chances of success.
Offering Employment to a Foreign Candidate
Once your LMIA is approved, you’re ready to offer employment to a foreign worker. This is a critical step because the LMIA approval letter and a detailed job offer are required for the worker’s next step: applying for a work permit.
Applying for a Work Permit
The foreign worker uses your job offer and the LMIA approval to apply for a work permit. The application process can be done online, at a visa office in their home country. It is advisable to work with a Regulated Immigration Consultant or Immigration Lawyer to ensure the application is completed accurately and with the most recent immigration data in mind. The processing time for work permits varies depending on the worker’s country of residence and the type of work permit being applied for. On average, it can take anywhere from a few weeks to several months.
Government Fees: The cost of a work permit application is generally around CAD $155. However, additional fees may apply, such as:
- Biometrics fee: CAD $85 per person
- Open work permit holder fee (if applicable): CAD $100
Professional Fees for Work Permit Assistance:
- Immigration Consultants: CAD $1,500–$3,500 for a work permit application
- Immigration Lawyers: CAD $2,000–$5,000 or more, depending on experience and case complexity
Types of Work Permits
The type of work permit issued to your foreign worker will determine their employment conditions and your responsibilities as an employer. Here are the main types:
- Employer-Specific Work Permit: This is tied to the job and employer listed on the LMIA. The worker can only work for you and must adhere to the terms of the permit.
- Open Work Permit: This is not tied to a specific job and doesn’t require an LMIA. However, it’s typically only available in special circumstances, like for spouses of certain workers or international students.
- Low-Wage Work Permit: For positions with wages below the provincial or territorial median hourly wage. Employers must meet additional requirements, such as:
- Covering the worker’s transportation costs to and from Canada
- Ensuring affordable housing is available
- Registering the worker with provincial or territorial workplace safety insurance
Welcoming Your Foreign Worker to Canada
Once the work permit is approved, your foreign worker can make their way to Canada and start their new role. Keep in mind that your responsibilities as an employer don’t end here. Depending on the type of work permit, you may need to meet specific conditions, such as providing an orientation, monitoring workplace safety, and maintaining accurate employment records.
Final Thoughts
Hiring a temporary foreign worker is a multi-step process, but it’s manageable with the right information and support. By obtaining an LMIA, offering employment, and supporting your worker through the work permit process, you’re not just filling a vacancy—you’re creating opportunities for skilled workers worldwide to contribute to Canada’s economy.
If you have questions or need assistance, Labour Solutions Canada is here to help. We connect Western Canadian employers with skilled workers from Europe and South Africa, ensuring ethical and efficient hiring practices every step of the way.