Hire a temporary foreign worker in a high-wage or low-wage position: After you apply
As part of the assessment process, Service Canada will ensure that the employer has met all program requirements.
In accordance with amendments to the Immigration and Refugee Protection Regulations, Service Canada has the authority to temporarily suspend Labour Market Impact Assessment (LMIA) processing when there is reason to suspect that an employer isn't complying or hasn't complied with certain conditions that would put the health or safety of temporary foreign workers (TFWs) at serious risk.
Suspending the processing of an LMIA isn't a decision that Service Canada takes lightly. The intent is to protect TFWs from entering a potentially harmful workplace while Service Canada investigates the allegations.
The LMIA processing suspension will be lifted as soon as it is known that the serious risk to the TFWs health or safety was unfounded or has been resolved.
Applications are assessed to determine the impact the hiring of a TFW would have on Canada's labour market. Based on the information you provided, you will receive a negative or positive LMIA in the form of a letter.
If you receive a positive LMIA you need to:
- ensure the employment agreement has also been signed by the TFW and a mutually signed copy has been provided in the worker's chosen official language of Canada (English or French) before or on their first day of work
- provide a copy of the LMIA letter and the Annex A to the TFW (required to obtain a work permit to work in Canada)
- keep the Annex B provided with your positive LMIA for your records only, don't share it with TFWs for privacy reasons
- inform the TFW to apply for permanent residence to immigrate to Canada or a work permit prior to the LMIA expiry date
- inform the appropriate Service Canada processing centre of any changes required or errors on the positive LMIA or its annexes
Positive LMIAs are valid for up to 6 months after they’re issued.
If you receive a negative LMIA, you won't be reimbursed the processing fee.
Adding, removing or changing a TFW name on a positive LMIA
To add, remove or change the names of TFWs after being issued a positive named or unnamed LMIA, send a completed Request to add or remove a name on an LMIA (ESDC-EMP5661) form by email to the Service Canada processing centre that initially processed the LMIA.
The request form must be received at least 15 business days before the LMIA expiry date.
When the request is to add 10 names or less, you can also call the Employer Contact Centre for assistance.
Situations where names can't be added, removed or changed
The names of TFWs on a positive LMIA can't be added, removed or changed if:
- the application is for permanent residence or dual intent
- the application is for the Seasonal Agricultural Worker Program
- the work permit application has been submitted, or the work permit has been issued (only for requests to remove or change a name)
- the LMIA has expired
Positions located in Quebec
The request must be simultaneously submitted to the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI). For details on the required steps, consult the MIFI website (French only).
Note:
On May 12, 2020, IRCC announced a temporary public policy. The new policy allows some TFWs already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the requests to add or change names on approved LMIAs. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 temporary public policy
Modification to a positive LMIA
Employers must take immediate action when changes have been made or need to be made to a foreign worker's terms and conditions of employment as described in the positive LMIA letter and any annexes. Service Canada recommends that employers consult Modification to a positive LMIA to determine when a change requires contacting the Employer Contact Centre or submitting a new LMIA form. In accordance with the provisions of the Immigration and Refugee Protection Regulations, Service Canada may conduct an inspection to verify the employer's compliance with the conditions set out in the positive LMIA letter and annexes. This inspection could include a review of the employer's file. As a result, if Service Canada doesn't have a copy of the changes, the employer will be held accountable for the information that is on file.
Note:
Information included on Modification to a positive LMIA doesn't apply to the process of adding, removing or changing TFW names on a positive LMIA. For details on that process, refer to Adding, removing or changing a TFW name on a positive LMIA.
Cancelling a job offer
If you no longer require the services of the TFW or decide to cancel your job offer, prior to the entry of the TFW, it is important that you let the Employer Contact Centre and the TFW know. However, the LMIA processing fee won't be reimbursed.
End of employment
If a TFW for whom you've received a positive LMIA can't be located or doesn't show up for departure from Canada at the end of employment, you should:
- make reasonable efforts to reach the worker
- notify the Canada Border Services Agency and notify IRCC
- notify Service Canada by sending the following information to the processing centre that issued the positive LMIA:
- LMIA numbers
- employer name/business number
- names of departed TFWs
- departure date
- physical work location
- details on how TFWs left
- any other relevant information
Documentation retention
You must keep all documents used to support your application for a minimum of 6 years beginning on the TFW's first day of work. We may request these documents at any time to verify your past compliance with the program conditions.
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