Work permit
LMIA-Based work permits
Canada is one of the world’s leading economies and a prime destination for foreign workers seeking employment opportunities.
Overview
If you're a Canadian employer seeking to hire foreign workers or an individual looking to work in Canada, the LMIA is a vital component of the employment process. Nautical Immigration aims to provide you with the knowledge and resources necessary to successfully navigate the LMIA process and achieve your employment goals.
High Wage workers
The employer must offer the overseas candidate a wage that is at or above the median hourly wage listed on the job bank or equivalent to what Canadians and/or Permanent Residents in the same role and work location, with similar skills and experience are being paid.
Low Wage workers
The wages offered to overseas candidates is below the provincial/territorial median hourly wage. There are certain restrictions to ensure that Canadians are always considered first for available jobs due to which the Government has introduced a limit on the number of low wage overseas candidates a business can employ.
Expediated process
The LMIA process is complicated and requires a lot of documentation. The expedited process enables some temporary foreign workers to benefit from a quicker process which takes 10 business days. There are certain requirements and criteria to be eligible for the expedited process.
Based work permits
LMIA
Employers who wish to hire foreign nationals in the following categories are required to follow certain advertising requirements:
Academics
Description
A change in the requirements for a Labour Market Impact Assessment (LMIA) applies to employers who intend to engage foreign workers in the following categories. For a list of employment scenarios where the standard LMIA advertisement obligation does not apply, see the section below. In some cases, the variation(s) might only be applicable to a particular province or provinces.
Since the position is for an academic, no other applicable exemption from the Labour Market Impact Assessment applies. The following foreign workers need work permits but do not need a labour market impact assessment:
- Post-doctoral peers
- Winners of research awards
- Eminent people include leaders in various fields
- Guest lecturers
- Visiting professors
- Americans and Mexicans appointed as professors at the
university, college and
seminary levels of the North American Free Trade Agreement (NAFTA) - Chileans hired as professors under the Canada Chile
Free Trade Agreement
(CCFTA).
Variations
The following are the recruitment procedures that the employer must follow:
- Publish job openings in Canada;
- Ensure that any open position is simultaneously publicised in Canada and internationally;
- Advertise for a reasonable amount of time (about one month) to provide Canadians and permanent residents ample opportunity to learn about the position;
- Show that the chosen advertising medium—web, print, or electronic—is successful in drawing in the right candidates for the job;
- Add the following to the advertisement: “All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority”;
- Fulfil all requirements of relevant collective agreements;
- Describe the recruiting process used by the educational institution and include descriptions of Canadian applications that have been vetted by the vice president (academic) or another senior academic officer of the university;
- Prepare a yearly summary report on the methods used to attract Canadian academics and the outcomes.
Applicability
All provincesCamp councellor
Description
The position is for a camp counsellor who will be working in Ontario only.Variations
The employer must provide documentation (for example, letters of offer) showing efforts to hire Canadian campers from the previous year and a commitment in writing. In addition, the employer should commit to pursue spring recruitment campaigns in high schools and post-secondary institutionsApplicability
Ontario onlyEmployer Association
Description
An employer association can be authorized to advertise on behalf of one or more of its members.Variations
In addition, the following documents must be submitted with the employer/’s LMIA application:
A signed Appointment of Representative form, specifically authorizing the third-party representative to act on their behalf. Service Canada officers may, at their discretion, contact employers directly to confirm the authorization; and
A report on recruitment efforts, to demonstrate that the position was advertised, and include copies of the advertisements, the number of Canadian or permanent resident applicants, and why the applicants were not hired.
Employer associations, who are conducting advertising for more than one job for the same employer, or are advertising for multiple employers, must ensure that the advertisement includes the wage range for each job and location. The wage range must always include the prevailing wage for the position.
Applicability
All provinces and territoriesEntertainment sector
Description
The position is for a specific occupation in the entertainment sector where a worker is often hired for a very limited number of days, in a specific location, and short notice. (e.g., boxers, bar bands, DJ’s, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).
Variations
No advertising or recruitment is required.
Applicability
All Provinces.
In-home caregiver
Description
Employers hiring in-home caregivers under the TFW Program have to follow the same recruitment requirements that have been laid out for high-wage occupations or low-wage occupations.
Variations
As part of the job advertisement, employers do not need to list the exact address (e.g. home address) in the advertisement. But, they should provide information about the location of job. Employers are not required to list their full name, but can use their first name only.
Applicability
All provinces and territories
Warranty work
Description
This kind of work involves installation, inspection or repair of equipment, and the terms of the warranty require the work to be carried out by qualified workers designated by the manufacturer.
Variations
No advertising or recruitment is required.
Applicability
All Provinces
Religious instructors
Description
The position is for an instructor in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.
Variations
The position is for an instructor in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.
Applicability
All Provinces
Sp. service technician
Description
For work that requires a specialist who has proprietary knowledge and/or experience related to the work to be done – the time line is limited and there is no opportunity for Canadians to be trained.
Situations to which this variation could apply include (but are not limited to):
- Service required for equipment manufactured outside of Canada and the original equipment manufacturer (OEM) does not have Canadian licensees that can do the work (equipment is generally no longer under warranty, or covered by an after sales agreement); or
- The work to be done requires someone currently unavailable in Canada, with proprietary knowledge, experience and/or tools from the OEM (or an approved OEM licensee) to perform the work or to oversee and direct Canadians doing the work; or
- Service required for equipment that is so old (no longer in production) that customized parts have to be manufactured / or new parts reconfigured by an OEM approved technician / representative.
Variations
No advertising or recruitment is required.
Applicability
No advertising or recruitment is required.
Seasonal Agriculture worker
Description
The position is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).
Variations
Employers must follow the Temporary Work Permits for Work in Quebec while conducting recruitment
Applicability
Quebec only
Overview
Canadian employers must prove that employing a foreign national will have a positive or neutral impact on the Canadian labour market, and that no Canadian citizen or permanent resident can fill the position, which is achieved by advertising the position.
However, in some cases, advertisement and recruitment are not required, thereby getting rid of the most taxing aspect of a LMIA application. Not having to demonstrate proper advertisement and sufficient recruitment efforts makes the process significantly quicker and increases the chances of LMIA success. The employer will still have to pay the $1,000.00 government processing fee.
Quebec Facilitated Process
Quebec’s facilitated processing occupations list is updated annually and aims to help Quebec employers address labour shortages by allowing them to hire foreign workers more quickly. Since there is a proven labour shortage Quebec employers do not need to prove that they could not find a worker in Canada to fill the position.Specialized Service Technicians
A company must demonstrate that the work to be completed is extremely specialized and that the individual has proprietary knowledge and/or experience related to the work to be done in Canada. The work must be for a fixed duration (normally six months or less) and there must not be any opportunity for training any Canadians. Examples include, but are not limited to, servicing equipment manufactured outside of Canada and servicing equipment that is so old (no longer in production) that customized parts have to be manufactured.
Overview
The primary objective of the Global Talent Stream is to facilitate expedited recruitment of international technology professionals by Canadian employers. The Global Talent Stream is part of Canada's Temporary Foreign Worker Program. This program prioritizes positions that fall under two categories: Category A, which includes high-growth companies recognized by designated partners, and Category B, which encompasses occupations identified as in-demand in the labor market. This program also offers employers flexibility in recruiting foreign workers, including the option to hire workers on a temporary basis without the requirement of a full LMIA.
Overall, the Global Talent Stream is a strategic initiative aimed at promoting Canada's economic growth and innovation by attracting top international talent to contribute to the country's technology sector.
Category B
The Global Talent Stream's Category B is intended to alleviate Canada's labor market shortages in particular occupations. This category focuses on making it easier to locate competent foreign employees to fill in-demand positions where it is difficult to find Canadian or permanent resident candidates.
Employers hiring under Category B must offer competitive wages to ensure that foreign workers are compensated appropriately. The wage requirements are designed to align with prevailing wage rates in the Canadian labor market for similar occupations.
Overall, Category B of the Global Talent Stream aims to bridge skill gaps, promote economic growth, and ensure that Canadian businesses have access to the talent they need to thrive in the global market.
Labour market benefit plan
Employers looking to hire skilled workers through the Global Talent Stream are required to work with Employment and Social Development Canada (ESDC) to develop a Labour Market Benefits Plan. The LMBP seeks to ensure that companies using the Global Talent Stream to hire foreign workers actively support the labour market, economic expansion, and skill development of Canada. Its goal is to prevent the opportunity for Canadian workers from being displaced or hampered by the hiring of foreign expertise.
The creation of jobs for Canadian citizens and permanent residents is a requirement for Category A employers. Either directly or indirectly, jobs are to be created.
Employers in the Category B are obligated to increase their investment in training and education for Canadian citizens and permanent residents.
Category A
High-growth businesses that can show a need for acquiring distinctive, specialized personnel abroad come under Category A. A designated referral partner must refer employers in this category to the Global Talent Stream. Companies referred by designated partners for Category A receive priority processing of their Labour Market Impact Assessment (LMIA) applications. By focusing on high-growth companies and their specific talent needs, Category A aims to attract exceptional foreign professionals who can make a significant impact on Canada's technology sector and contribute to its economic growth and innovation.
The list of designated referral partners for employers located outside Quebec includes the following organizations.
Download listWages for Global talent stream
An annual salary of at least $80,000 or an annual salary equivalent to the prevailing wage for that occupation if it is higher than $80,000 for the first two unique and specialized positions requested under Category A. The applicable minimum wage for the occupation for a highly skilled position requested under Category B as identified in the Global Talent Occupations List.
The salary that falls within the range that the employer is paying current employees who were hired for the same position, in the same area, with the same qualifications, and with the same level of experience; or
The median wage listed in Government of Canada's Job Bank. In Canada's job bank, the median wage is shown by community or area, by job title, or National Occupational Classification (NOC) code in the middle column.
Work permit exemptions
Two new types of workers are now free from the demand for a work visa under the Global Talent Stream:
Highly Skilled workers in NOC Occupation (skill type 0 or level A) & Researchers.
Highly skilled workers with such level may enter Canada without a work permit for up to 15 days every six months or up to 30 days every year.
Researchers may enter Canada for 120 days in a calendar year without needing a work permit if they are engaged in research projects at a publicly funded degree-granting institution or connected research institution.
FAQ's
Frequently asked questions
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