Labour Market Impact Assessment Application Processing Times

Labour Market Impact Assessment Application Processing Times

The Labour Market Impact Assessment (LMIA) is a crucial component of the Temporary Foreign Worker (TFW) Program in Canada, allowing employers to hire foreign workers when no suitable Canadian candidates are available. Understanding the processing times for LMIA applications is essential for employers and foreign workers alike, as these times can significantly impact hiring decisions and employment planning.

Processing Times Overview

Processing times for LMIA applications can vary based on several factors, including the volume of applications received by Employment and Social Development Canada (ESDC) and the specific stream under which the application is submitted. As of November 2024, the average processing times by stream are as follows:

These processing times are updated monthly and serve as a guideline for employers to plan their workforce needs effectively.

When Processing Times Start and End

Start of Processing Time

The processing time begins once a complete LMIA application is submitted via LMIA Online. A complete application includes:

  • All required documents specific to the stream being applied for.
  • Signed documents by the employer.
  • Payment of the processing fee, if applicable.

Incomplete applications will not be processed, and no fees will be charged.

For applications concerning positions in Quebec that exceed 30 consecutive days, additional criteria must be met:

  • Applications must be submitted simultaneously to both Service Canada and Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).
  • The submission must adhere to provincial requirements.
  • Names of the temporary foreign workers (TFWs) must be included unless applying for unnamed LMIAs.

End of Processing Time

The processing time concludes when the applicant receives a decision letter from Service Canada. The decision will either be positive or negative. If positive, a copy of this letter must be provided to the TFWs so they can proceed with their work permit applications.

Factors Influencing Processing Times

Several factors can affect LMIA processing times:

  • Volume of Applications: A higher number of submissions can lead to longer wait times.
  • Application Completeness: Incomplete applications will delay processing as they cannot be reviewed until all necessary information is provided.
  • Stream Specific Requirements: Different streams have varying complexities and requirements that can influence how quickly an application is processed.

Recent Changes and Considerations

As of September 26, 2024, new measures have been implemented regarding low-wage positions:

  • Certain LMIA applications for low-wage roles in regions with an unemployment rate of 6% or higher will not be processed.
  • The cap on low-wage positions has been reduced from 20% to 10% in some sectors, while in construction and healthcare sectors, it remains at 20%.
  • The maximum employment duration for low-wage positions has been shortened from two years to one year.

Additionally, from September 3, 2024, to March 3, 2025, LMIA applications for low-wage positions in the Montréal area will not be processed due to local economic conditions.

 

 

 

 

 

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