LMIA for Canada Permanent Residency Application

An LMIA for Permanent Residency helps foreign workers gain PR by securing a job offer in Canada, boosting their Express Entry profile points.

LMIA for Permanent Residency in Canada

An LMIA (Labour Market Impact Assessment) for Permanent Residency (PR) helps foreign workers obtain a PR visa by confirming a Canadian employer’s commitment to hire them once their visa is approved. This LMIA can increase the foreign worker’s Express Entry profile by 50 to 200 points, improving their chances of receiving an invitation to apply for PR.

Canada's Work Permits Services

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Temporary Foreign Workers

The Temporary Foreign Worker Program allows employers to hire foreign nationals to address labor shortages in Canada.
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LMIA

A Labour Market Impact Assessment (LMIA) evaluates the impact of hiring a foreign national in Canada.

What are the options for supporting a permanent residency application through LMIA?

Dual Intent LMIA

For foreign nationals outside Canada or those whose current work permit is expiring, allowing them to work while awaiting PR approval.

LMIA for PR

Ideal for employers intending to hire a foreign national only upon PR approval. This option does not incur a processing fee and is exempt from the transition plan requirement.

What criteria must a business meet to support a foreign worker's immigration to Canada using an LMIA?

  • Business Status: Must be operational for at least one year and in good financial standing.
  • Eligible Occupations: TEER 0, 1, 2, or 3 from the NOC.
  • Programs: Canadian Experience Class, Federal Skilled Worker Program, or Federal Skilled Trades Program.
  • Wage: Must be at or above the median wage for the occupation in the job location.
  • Employment Duration: Job offer must be for at least one year after the worker becomes a permanent resident.

When is an employer required to hire a TFW under LMIA for Permanent residency in Canada?

An employer must hire a foreign worker once they obtain permanent residency, provided the LMIA remains valid. The LMIA is valid for 18 months, during which the foreign national must apply for PR. If the PR application is unsuccessful, the employer is not obligated to hire the worker.

What about hiring under a Dual Intent LMIA?

For a Dual Intent LMIA, the employer may hire the foreign worker upon work permit approval, even before PR approval. The employment terms will follow the current work permit until PR status is granted.

What is the maximum employment duration under a Dual Intent LMIA?

The maximum duration is 3 years for high-wage jobs and 2 years for low-wage jobs.

What is a validated job offer in Quebec, and how does it impact immigration?

A validated job offer in Quebec is an employment offer from a Quebec-based employer who has had the offer approved by the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). This offer is significant in the Quebec immigration process, as it can add up to 14 points to your selection score under the Quebec Regular Skilled Worker Program.

How can one apply for a validated job offer in Quebec?

Step 1: Job Offer Requirements

To apply for a validated job offer in Quebec, the offered position must meet the following criteria:

  • It should be permanent and full-time.
  • It must be classified under National Occupational Classification (NOC) Skill Levels 0, A, B, or C.
  • If the occupation is regulated in Quebec, the candidate must have the necessary licensing.
  • The job should positively or neutrally impact the local labor market and not affect any ongoing labor disputes.
  • The employer must be established in Quebec for at least 12 months and provide a written job offer.
  • Additionally, the candidate must submit a letter committing to the job upon their arrival in Canada.

Step 2: Application and Supporting Documents

Employers must submit an application for job offer validation along with supporting documents. Similar to the Labour Market Impact Assessment (LMIA) process, they must demonstrate that they attempted to hire a Canadian citizen or permanent resident unless the candidate is already employed by the company on a valid temporary work permit.

Recruitment Efforts

If the candidate is not currently employed by the employer, the following recruitment efforts are required:

  • Advertise the position for four weeks within the six months prior to application.
  • Post the job offer on Placement en ligne, a job search platform managed by the Quebec Employment Ministry.
  • Utilize at least one additional recruitment method.
  • The job advertisement must include: Business name and address, job location, contact information for hiring, job title, responsibilities, and requirements, salary details.

If the candidate is already working for the employer under a valid work permit, recruitment requirements are not necessary.

What Happens After the Quebec Job Offer Is Validated?

Applying for a CSQ

After obtaining a validated job offer, candidates can submit an expression of interest for a Certificat de sélection du Québec (CSQ) via the Arrima portal under the Quebec Regular Skilled Worker (QSW) program. Invitations to apply for permanent selection are issued through regular Arrima draws.

Securing a validated job offer significantly enhances the chances of receiving a CSQ and progressing toward permanent residency in Quebec and Canada.

Applying for Permanent Residence

With a CSQ, candidates must apply for permanent residence as a skilled worker through Quebec’s program rather than the federal Express Entry system. The federal government will conduct medical and background checks for the main applicant and their family members. Upon successful checks, Canadian permanent residence will be granted.

4. Legal Assistance

Why Choose Our Canadian Immigration Lawyer Services for Your Work Permit or LMIA Application?

Our Canadian immigration lawyer services offer crucial benefits for individuals applying for work permits and employers seeking LMIA under the Temporary Foreign Worker Program (TFWP). We provide expert advice on the best immigration pathways, comprehensive support throughout the application process, and personalized strategies tailored to your specific needs. Our team ensures efficient processing, adherence to legal requirements, and prompt resolution of any issues. By managing the complexities of immigration law, we allow you to focus on your primary activities with peace of mind. Contact us for professional and effective immigration support.

Why Choose HMD Avocats?

We offer high-quality Canadian immigration services, provided by top immigration lawyers specializing in work permits and Labour Market Impact Assessments (LMIAs) in Canada. With a meticulous, detail-driven approach, we ensure that every case is handled with precision, leaving nothing to chance. This commitment to excellence is the key to our success and our proven track record of successful outcomes for clients. Our services are accessible online from anywhere, at competitive rates, with no hidden fees. We proudly serve clients across Canada and around the world, including in:

  • Montreal
  • Quebec City
  • Sherbrooke
  • Gatineau
  • Laval
  • Longueuil
  • Salaberry-de-Valleyfield
  • Brossard
  • Terrebone
  • Pointe-Claire
  • Boucherville
  • Vaudreuil-Dorion
  • Dollard-des-Ormeaux
  • Trois-Rivières
  • Granby
  • Saguenay
  • Drummondville
  • Saint-Jean-sur-Richelieu
  • Saint-Jérôme
  • Sorel-Tracy
  • Saint-Eustache
  • Centretown
  • Rideau
  • Orleans
  • West Carleton
  • Brampton
  • Mississauga
  • Ajax
  • Toronto
  • Ottawa

FAQ

Can I use an LMIA for Express Entry?

Typically, a Labour Market Impact Assessment (LMIA) is required from your employer to support your job offer for Express Entry. However, certain positions may be exempt from needing an LMIA.

Can an LMIA facilitate permanent residency?

For individuals considering different pathways, it is useful to start by reviewing and comparing the various LMIA streams. An LMIA for permanent residency can support foreign workers in achieving permanent resident status and obligates a Canadian employer to offer them employment once their permanent residence visa is granted.

Can an LMIA be converted into permanent residency?

A Labour Market Impact Assessment (LMIA) on its own does not constitute a permanent immigration program and cannot directly lead to permanent residency. Instead, an LMIA serves as a supplementary tool that can enhance your chances of obtaining permanent residency in Canada through additional steps.

Can a employer charge a foreign worker for the LMIA fee in Canada?

No, it is illegal for employers to charge foreign workers for the LMIA fee or any recruitment costs. Employers may face penalties such as fines, a hiring ban, or imprisonment. Workers may have their work permit application denied or be deemed inadmissible to Canada for criminal activity.

Are Canadian work permits difficult to obtain?

Yes, Canadian work permits can be challenging to get, as they require precise planning, accurate documentation, and adherence to strict procedures for approval.

Can a Canadian work permit be denied?

Yes, work permits can be refused if officials believe the applicant isn’t genuinely intending to work or plans to stay in Canada permanently.

Does LMIA guarantee Permanent Residency?

A Labour Market Impact Assessment (LMIA) is not a permanent immigration program and does not directly result in permanent residency. Instead, an LMIA serves as a supportive measure that can enhance your chances of obtaining Canadian immigration.

How many points does an LMIA contribute towards permanent residency?

The impact of an LMIA on permanent residency points depends on the immigration program. For instance, a valid job offer under Express Entry can add either 50 or 200 CRS points.

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