Turning an LMIA into a Work Permit

Positive LMIA

Once the employer has gone through the process, applied for a Labour Market Impact Assessment (LMIA), and got a positive LMIA, the employer gets a letter confirming their positive LMIA. It is up to the employer to send the letter to the employee, a TFW (temporary foreign worker), so they can apply for a work visa within 6 months of receiving the positive LMIA.

With the letter confirming the positive LMIA, it is up to the TFW to take that letter and apply for a work permit so they can come into Canada and work. CIC will then assess the TFWs work permit application. If CIC finds that the work permit is positive, then the TFW will receive a work permit for the specific employer, under the established working conditions and for a particular time in Canada.

Sometimes there are countries that have their own requirements for their citizens to come work in Canada:

  • Employers should ask the TFW to verify if additional conditions apply,
  • The employer should contact the consulate of the FTW’s country in Canada, or
  • Visit the consulate’s website.

    It is up to the employer to make sure everything is in order. Once the TFW arrives in Canada, the employer must make sure that the worker is authorized to work in Canada and check the length of the timeline so they know how long the worker is to be in Canada. The next thing they need to do is make sure the permit is issued by CIC and the name of the individual they hired is the correct employee. It is up to the employee to keep records of the number or regular and overtime hours that the employee has worked on a weekly or monthly basis.

    Renewal of LMIA

    If an employer would like to keep the employee for longer than the period given on the employees work permit, the employer must apply for another LMIA and it should be sent within a specific time prior to expiration.

    Maximum Cumulative Work in Canada

    CIC has introduced a new amendment that establishes a 4-year maximum cumulative duration limit for temporary foreign workers in Canada. In order for an employer to make a job offer to a TFW, they should be aware of whether they had worked in Canada previously and if so, how long ago. The TFW has to wait 4 years before being eligible to work in Canada again.

    Revocation of an LMIA

    The revocation of an LMIA means the LMIA status went from positive to negative. The LMIA might be revoked if it has not yet expired, work permits or permanent residence visas have not been issued by CIC, and if one or more of the following circumstances apply:

  • The employer has provided materially false or misleading information
  • New facts or information have been brought forward after getting a positive LMIA that might change the assessment of the application to a negative one.
  • The opinion was based on an error in facts

    All of these are ways a TFW might be asked to leave Canada or may be kept from entering into the country, which would cause the TFW to lose their work permit.

    There are many responsibilities that an employer must consider when taking on a temporary foreign worker. If not the law is not followed, then there are dire consequences. If you have any questions or concerns, please do not hesitate to contact any one of our legal professionals, they would be happy to help.

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