LMIA Sept 2024

When applying for a Labour Market Impact Assessment (LMIA) in Canada, it’s crucial to understand the time it takes for processing. These times can vary depending on several factors, such as the volume of applications received by the Temporary Foreign Worker (TFW) Program. Here’s a comprehensive guide on LMIA processing times, how applications are processed, and how employers can apply for an unnamed LMIA.

Processing begins once an employer submits a complete LMIA application through LMIA Online. For the application to be considered complete, all required documents for the relevant stream must be provided, signed by the employer, and accompanied by the processing fee (if applicable). Incomplete applications are not processed, and no fees are charged in such cases. For employers in Quebec applying for positions lasting more than 30 consecutive days, additional requirements must be met. The application must be submitted simultaneously to both Service Canada and Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) and must meet Quebec’s specific guidelines, including naming the temporary foreign workers (TFWs), unless applying for an unnamed LMIA.

The option for employers to apply for an unnamed LMIA is available under certain streams, allowing them to secure an LMIA before identifying the specific TFW. This can be useful for employers still in the recruitment process. A positive “Unnamed LMIA” is valid for six months, during which the employer can identify workers. However, not all streams or provinces allow unnamed LMIA applications. Currently, streams such as the Seasonal Agricultural Worker Program and the High-Wage and Low-Wage streams accept unnamed applications in most provinces. In Quebec, since December 2023, employers can submit unnamed LMIA applications through the ARRIMA platform. Once a worker is selected, the employer must notify Service Canada and MIFI.

The process for submitting an unnamed LMIA involves leaving the “Foreign Worker Information” section blank or marking it as “Unnamed.” All required supporting documents must still be provided, and employers are expected to continue recruiting Canadians and permanent residents until they fill the position. If the application is successful, the employer receives a positive “Unnamed LMIA” letter for a specified number of positions. Once the TFWs are identified, the employer must submit the “Request to Add or Remove a Name on an LMIA” form to Service Canada. Service Canada will then update the names and issue an official positive LMIA letter within 5 to 10 business days.

The processing of an LMIA application concludes when Service Canada issues a decision letter, either positive or negative. If the LMIA is positive, the employer can share the decision letter with the TFWs, who will then use it to apply for a work permit. Most foreign workers will require a work permit to work in Canada, and there are two types available: an employer-specific work permit, which ties the worker to a specific employer and job, and an open work permit, which allows the individual to work for any employer in Canada, except those restricted by the government.

Finally, if the employer intends to bring family members along with the TFW, there may be options for the spouse or common-law partner and dependent children to work, study, or live in Canada. This provides flexibility for families looking to relocate together, enhancing the overall appeal of working in Canada for foreign workers. Understanding the intricacies of LMIA processing times and the application process can help employers effectively manage their hiring needs and timelines when employing foreign workers.