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Canada Temporary Visa – Working Visa/Permit

WORK PERMIT/LMIA

Labor Market Impact Assessment (LMIA) is a document that an employer in Canada may need to hiring foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter.

Types of LMIA:

  • Regular LMIA for a work permit.
  • LMIA for Express Entry  (ITA) for Permanent Residence in Canada.
  • Dual LMIA is an LMIA that is used to support both a work permit application and Express Entry application. Once an employer obtains a dual LMIA, the foreign worker whose name appears on the LMIA can apply for a work permit and will be awarded 600 CRS points on Express Entry, enough for the applicant to receive an Invitation to Apply (ITA) for Permanent Residence in Canada.

Type of Work Permit

REQUIRED LMIA

Temporary foreign workers that require an LMIA:

  • Academic
  • Agricultural
  • In-home Caregiver
  • High-Low wage worker

High-Low wage worker

High-wage and Low-wage Positions

Employers are required to use the median hourly wage for both low and high skilled positions based on province/territory and location. The position being offered, wage, and location are determining factors as to whether an employer will need to apply for an LMIA under the stream for a high or low wage position

Low-wage position:

The Stream for Low-wage Positions allows employers to hire temporary foreign workers (TFW) for full-time positions (minimum of 30 hours of work/week) where the wage being offered is below the provincial/territorial median hourly wage where the job is located.

If employers offer a wage that is below the provincial/territorial median hourly wage they will be subject to all of the requirements of the Stream for Low-wage Positions.

High-wage Position:

TFW) for full-time positions (minimum of 30 hours of work/week) where the wage being offered is at or above the provincial/territorial median hourly wage where the job is located. After employers have determined whether they are hiring a TFW for a high-wage position or a high-wage position, they must ensure that they meet all of the requirements for that stream such as meeting the prevailing wage requirement.

Agricultural Workers

Agricultural Workers

Employers seeking to hire foreign workers, must choose one stream to apply under and ensure that all criteria are satisfied under the selected stream respectively.

  1. Seasonal Agricultural Worker Program (SAWP)
    1. TFWs must be from Mexico or certain Caribbean countries
    2. production must be included on the National Commodities List
    3. job duties must be related to on-farm primary agriculture
  2. Agricultural Stream
    1. TFWs can be from any country
    2. production must be included on the National Commodities List
    3. job duties must be related to on-farm primary agriculture
  3. Stream for Low-wage Positions
    1. production is not included on the National Commodity List
    2. employers can hire TFWs for any low-wage agricultural position
  4. Stream for High-wage Positions
    1. production is not included on the National Commodity List
    2. employers can hire TFWs for any high-wage agricultural position

NOTE: Employers must ensure they meet the requirements for the particular steam that they intend to apply under regardless of the stream that is chosen for the foreign worker.

In-Home Caregiver

In-home Caregiver

Caregiver requirements:

  • provide care on a full-time basis (minimum 30 hours per week);
  • work in the private household where the care is being provided; and
  • meet the requirements 

Categories of in-home caregiver:

  • Caregivers for children
  • Children under 18 years of age

Low-skilled positions:

  • Home childcare providers (nannies)– lower skilled
  • Babysitter
  • Parent helpers
  • Caregivers for people with high medical needs
  • elderly persons, 65 years of age or over; or
  • people with disabilities, a chronic or terminal illness.

Academic

Post-secondary educational institutions in Canada may employ foreign academics to help meet staffing and teaching needs and attract new knowledge and expertise to Canadian campuses. Examples of occupations that require an LMIA are, management, financial or administrative, etc.

Not required LMIA

The TFWP is refusing to process LMIA applications for 10 low-wage / lower-skilled occupations from employers that are included in the following sectors:

  • Accommodation and Food services sector
  • Retail trade sector
  • Regions across Canada that have an unemployment rate of 6% or higher.

To be affected by this refusal to process, 3 criteria must be met.

Criteria

Employers must be:

  1. seeking to hire TFWs in an economic region with unemployment rate of 6% or higher (as defined by Statistics Canada);
  2. classified under the North American Industry Classification System (NAICS) as:
    1. Accommodation and food service OR
    2. Retail trade 
  3. applying to hire TFWs for specific lower-skilled occupations, classified under the National Occupational Classification (NOC) as:
    1. Food counter attendants, kitchen helpers and related occupations (NOC 6641);
    2. Light duty cleaners (NOC 6661);
    3. Cashiers (NO 6611);
    4. Grocery clerks and store shelf stockers (NOC 6622);
    5. Construction trades helpers and labor (NOC 7611);
    6. Landscaping and grounds maintenance labor (NOC 8612);
    7. Other attendants in accommodation and travel (NOC 6672);
    8. Janitors, caretakers and building superintendents (NOC 6663);
    9. Specialized cleaners (NOC 6662);
    10. Security guards and related occupations

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