If you have been successful in obtaining a Labour Market Impact Assessment, be sure to pay special attention to the expiry and duration date. Each LMIA has a date to which it can be used to obtain a Work Permit. The foreign worker you intend to hire will need to use the LMIA to obtain their Work Permit. Watch our video to learn more on LMIA expiration and duration date.
LMIA Expiration and Duration Date
The Labour Market Impact Assessment (LMIA) was previously known as the Labour Market Opinion (LMO). The Labour Market Impact Assessment is an application that once approved allows an employer to hire a temporary foreign worker through the TFW (Temporary Foreign Worker) program. The Labour Market Impact Assessment is typically associated as a requirement to obtain most Work Permits as without it, you cannot work in Canada.
It is hard for an employer to get a positive result for the Labour Market Impact Assessment because it is tougher to convince the ESDC (Employment and Social Development Canada) that there are no available local workers that can do the job and that there is a need for the foreign temporary worker. In addition if the employer interviewed potential candidates, they must explain why those workers were not hired and the number of applicants for the position.
So once you get an approved LMIA for a candidate you will need to keep in mind the expiration date. The expiration date indicates how long the LMIA is valid for but what happens many times applicants confuse the expiration with the actual duration of the LMIA. Let’s say an LMIA was approved for two or three years you will see that in the approval application but that does mean the applicant has two or three years to use that LMIA. To determine the LMIA expiration you will need to look at the opinion expiration date which is located on the first page of the approval which determines how long the LMIA is valid for. So the applicant has that much time to the Port of Entry or has that much time to file for a Work Permit. If you did not file for Work Permit during that time but after the expiration date then the employer has re-do the LMIA process.
Missing a date on an application can cause everyone a headache so ensure you got the correct dates and submit your Work Permit on time. Usually, LMIA applications expire within six months but still double check since some officer give only ninety days. Another important date includes the duration of the Work Permit. So if your LMIA application is approved for two years ensure your Work Permit is also valid for two years.
If you got any questions about LMIA or Work Permit, please don’t hesitate to contact us and will be glad to assist.
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