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Circumstances that Entail a Refusal to Process LMIA Applications
How an LMIA Application can be Refused
Prior to applying for an Labour Market Impact Assessment (LMIA) application, it is very important for the Canadian employer and the temporary foreign national to consider whether Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) will refuse the LMIA application. There are several different circumstances that can warrant a refusal to process an LMIA application. Therefore, in this article, I will address the different circumstances that can warrant a refusal and why.
There are specific conditions set out that may justify why the Canadian government and its respective departments may not be able to process a Labour Market Impact Assessment application. Such conditions include Regulatory Authority and Public Policy Considerations in Ministerial Instructions. Below I will explain each in detail.
The Canadian government and its respective departments are not able to process applications from ineligible Canadian employers for the Temporary Foreign Worker Program (TFWP) as they do not have the authority to do so. These ineligible employers are employers who offer services in the sex industry, such as striptease, escort services, erotic dances and/or erotic massages. Additionally, other ineligible employers are employers who are on the Immigration, Refugees and Citizenship Canada ineligibility list. This list includes employers who have been found non-compliant when an employer compliance review was conducted, or; have been banned from the TFWP due to non-compliance found during an inspection, or; are in default of a payment of an administrative monetary penalty.
The Canadian government and its respective departments may refuse to process LMIA applications as a result of public policy considerations as determined in Ministerial Instructions. They may refuse the LMIA application due to certain low-wage positions in sectors such as accommodation and food services as well as retail trade, or; low-wage positions at or above the current capacity, or; specific high-wage occupations in Alberta, or; in-home caregiver positions with a live-in requirement, or; any position that has had the LMIA revoked in the past two years.
To further explain the refusals for certain low-wage positions in sectors such as accommodation and food services as well as retail trade, for low-wage positions at or above the current capacity, for high-wage occupations in Alberta, and for in-home caregiver positions with a live-in requirement, please see detailed explanations below.
Low-Wage Positions in Accommodation & Food Services and Retail Trade Sectors
For low-wage positions that are refused in accommodation and food services as well as retail trade sectors, with the exception of specific Yellowknife postal codes, you must be in an economic region with an unemployment rate of 6% or higher. This is described within the Program-specific Statistics Canada data used by Service Canada; this data is used for the benefit of the TFWP. Evidently, you may also be refused if you are in the accommodation and food services sector or retail trades sector. The accommodation and food services sector falls under the North American Industry Classification System (NAICS) code 72. The retail trades sector falls under NAICS codes 44-45. Lastly, you may also be refused if you are classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612.
Low-Wage Positions At or Above the Current Capacity
If the capacity for low-wage positions is at or above the current capacity of low-wage temporary foreign national workers for the same jobs at the same work location, then unfortunately you may be refused.
High-Wage Occupations in Alberta
There are certain occupations within Alberta that are considered high-wage and if a Canadian employer wants to employ a temporary foreign national worker within these certain occupations, unfortunately the Canadian government and its respective departments will not process the LMIA application. Luckily, the government of Alberta’s Employer Liaison Services assists employers to know and learn about specific options to hire Albertans and Canadians before hiring temporary foreign workers. Some of the restricted occupations are Management Occupations that fall under NOC codes 0112 and 0211; Business, Finance, & Administration Occupations that fall under NOC codes 1225 and 1523; Natural & Applied Sciences & Related Occupations that fall under NOC codes 2131, 2132, 2133, 2212, 2231, 2233, and 2261; and more. For the full list, please refer to and contact Alberta Labour.
In-Home Caregiver Positions with a Live-in Requirement
For in-home caregiver positions with a live-in requirement, there are certain circumstances where the Canadian government and its respective departments will not process the LMIA application. For instance, for in-home caregiver positions with a live-in requirement that are classified under the NAICS 814, or; are classified under the NOC codes 3012, 3233, 4411, or 4412, or; have been indicated on the LMIA application as being requested to fill positions with a live-in requirement, their LMIA application may not be processed and refused.
However, it is important to note that there is an exception to the live-in requirement. The exception can be granted if the live-in requirement is due to medical needs, such as people with disabilities, individuals with terminal illnesses, individuals with chronic illnesses and/or seniors. If this is the case, then you must submit a doctor’s note verifying the medical condition and the need for a live-in caregiver as well as a Schedule H form.
Contact Akrami & Associates
If you are a Canadian employer and would like to apply for an LMIA to hire a temporary foreign worker but are unsure if the application process will be refused, we can help you with this process. Applying for an LMIA can be confusing if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients acquire temporary foreign workers for their business. If you believe that you might be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!
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