Work Permit and Labour Market Impact Assessment (LMIA) and PR Stream
A work permit is valid for maximum period of 4 years and cannot be extended unless 4 years elapsed. To apply for a work permit, few steps must be taken by the employer and the employee.
A positive LMIA is required to be able to hire a Temporary Foreign Worker, unless for exempted categories such as workers under NAFTA, or spouses. The process is as follow:
- A Canadian employer must refer to the National Occupational Classification (NOC) system to determine the skill level of the occupation.
- Meet minimum advertising requirements.
- Meet or exceed the prevailing wage rate for the position.
- Special conditions apply if you hire foreign workers in some industry sectors and occupations, including seasonal agriculture, live-in caregivers and occupations requiring lower levels of formal training (NOC C and D)
- Eligible foreign workers can work in Canada for an authorized period of time if employers can demonstrate that they cannot find suitable Canadians/permanent residents to fill the jobs
and the entry of these workers will not have a negative effect on the Canadian labour market.
- Submit an application for an LMIA to Service Canada and pay $1000 application fee.
- If Service Canada approves the job offer, send a copy of the LMIA confirmation letter to the foreign worker.
- The employer must advise the foreign worker to apply for a work permit from CIC.
- CIC must be satisfied that the foreign worker is qualified and meets certification and licensing requirements for regulated occupations in Canada. Consult the professional association’s website to determine the process for foreign-trained workers.
An international worker under work permit can apply for PR through Express Entry if meet the eligibility criteria.