Hire a foreign academic: Next steps

From: Employment and Social Development Canada

6. Next steps

Employment and Social Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a temporary foreign worker would have on Canada's job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.

Labour Market Impact Assessment process

All applications go through a systematic assessment process to:

  1. Verify if the employer is:
  2. Verify the consistency of the job offer with federal-provincial-territorial agreements.
  3. Assess the genuineness of the job offer. The assessment is based on whether the:
    • Employer is actively engaged in the business related to the job offer
    • job offered to the temporary foreign worker is consistent with the employment needs of the employer
    • employer can fulfil the terms and conditions of the job offer
    • employer and the third-party representative is compliant with the relevant federal-provincial-territorial employment and recruitment legislation
  4. Assess the language requirement of the job offer, to ensure that English and French are the only languages identified as a job requirement, unless employers can demonstrate that another language is a bona fide requirement for the job.
  5. Assess:
    • the impact of hiring a temporary foreign worker on the labour market including:
      • wages and working conditions offered
      • occupation in which the temporary foreign worker will be employed
      • employer's recruitment and advertisement efforts
      • benefits to the labour market
      • consultations, if any, with the appropriate union
      • effect on the settlement of a labour dispute
  6. Assess previous job offers that an employer has made to a TFW:
    • Did the employer employ a temporary foreign worker in the last 2 years, prior to December 31, 2013?
      • This is to determine whether the employer provided all temporary foreign worker employed by the company with wages, working conditions and employment in an occupation that was substantially the same as those that were described in the previous offer of employment (and confirmed in the LMIA letter and annexes?
    • Did the employer apply for and receive a positive LMIA on or after December 31, 2013 and employ a temporary foreign worker in that position?
      • This is to determine whether the employer provided all temporary foreign worker employed on LMIAs received on or after December 31, 2013, with employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes) and with substantially the same wages and working conditions - but not less favourable than - those set out in that offer of employment (and confirmed in the LMIA letter and annexes)?

In addition, as part of the assessment process, ESDC/Service Canada will ensure that the employer has met all the program requirements.

Once the assessment is complete, the employer will be notified in writing of the final decision.

Positive LMIA

The employer will receive a letter confirming the approval of the LMIA application. This positive LMIA is valid for 6 months from the date of issue. For privacy reasons, the letter will not include the names of the temporary foreign worker. However, it provides specific details about the job offer, such as the wages, working conditions and occupations as well as a system file number. The names of the workers will appear in Annex B which is intended for the employer's records only, and is not to be shared with the temporary foreign worker as it is not required for the purposes of applying for a work permit.

Once the positive LMIA letter is received, it is the employer's responsibility to:

  • send a copy of this letter to the temporary foreign worker
  • ask the temporary foreign worker to apply to IRCC for a work permit. The temporary foreign worker must include with the work permit application a copy of the positive LMIA letter signed by both the employer and the worker

Provincial variations

If the job is located in Quebec, the employer must:

  • send to the temporary foreign worker a copy of the:
    • positive LMIA letter issued jointly by ESDC and the Ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI)
    • Quebec Certificate of Acceptance issued by MIDI
  • ask the temporary foreign worker to submit this documentation along with the work permit application to IRCC. Visit IRCC's Web site to find a Canadian Visa Office.

Changing a temporary foreign worker name on a positive LMIA

Employers who need to change the name of a temporary foreign worker on a positive LMIA must send their written request to Service Canada, either by fax or mail. Processing times vary depending on the number of names to be changed:

  • 10 names or less – request must be received at least 15 business days prior to the LMIA expiry date
  • more than 10 names – request must be received at least 20 business days prior to the LMIA expiry date
Exemptions

Name changes are not performed when:

  • The position is in Quebec
  • The application is for permanent resident or dual-intent
  • The application is for the Seasonal Agricultural Worker Program (SAWP)
  • The work permit application has been submitted, or the work permit has been issued

Work permit

IRCC will then assess the temporary foreign worker's work permit application. If the assessment is positive, the temporary foreign worker will receive a work permit to be able to work for a specific employer, under established working conditions, and for a particular duration in Canada.

Note:

Some countries may require that their citizens meet certain conditions if they want to work in Canada. Employers should:

  • ask the temporary foreign worker to verify if additional conditions apply,
  • contact the consulate of the foreign worker's country in Canada; or
  • visit the consulate's Web site.

Once the temporary foreign worker arrives in Canada, the employer must:

  • ensure that the worker is authorized to work and check the duration of the work permit
  • verify that the temporary foreign worker's work permit indicates that it is for a job under the high-skilled
  • keep records of the number of regular and overtime hours the temporary foreign worker has worked on a weekly/monthly basis

Note: Employers are not allowed to take away the temporary foreign worker's identification documents such as a passport, work permit or other identification.

Employers must apply for a new LMIA when they anticipate that their need for temporary foreign workers will continue beyond the period covered by the work permit. The new LMIA application should be sent at least 4 months prior to the expiry of the work permit to ensure ESDC/Service Canada has sufficient time to process the application and for IRCC to process the work permit extension. However, applications received more than 6 months in advance of the job start date will not be accepted.

Negative LMIA

ESDC/Service Canada issues a negative LMIA letter if the employer does not meet all the program requirements.

Revocation of an LMIA

The revocation of an LMIA means overturning the decision based on new information, which changes the opinion from positive to negative.

An LMIA may be revoked if it has not yet expired, work permits or permanent residence visas have not been issued by IRCC, and if one or more of the following circumstances apply:

  • The employer has provided materially false or misleading information.
  • New facts or information are brought forward after a positive LMIA has been issued, that would have changed the assessment of the application, resulting in a negative LMIA.
  • The opinion was based on an unintentional error as to some material fact.

The revocation of an LMIA is based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations (IRPR).

Employer compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring temporary foreign workers are expected to be compliant with the TFWP, by upholding the terms and conditions of employment as stated in the original job offer and set out in the positive LMIA letter and annexes.

Employers must also follow all federal/provincial/territorial employment regulations and laws, as all workers in Canada, including temporary foreign workers, have the same labour and human rights and social protections as all Canadians.

In accordance with amendments to the Immigration and Refugee Protection Regulations, (s. 203(1)(e)), all returning employers that have hired a temporary foreign worker within the past 2 years and are submitting a new LMIA application may be subject to an employer compliance review.

This review, often known as an STS assessment, requires employers to demonstrate that the temporary foreign workers were provided with substantially the same:

  • wages
  • working conditions
  • occupation, as set out on the positive LMIA letter and annexes

More information is available in the Employer compliance section.

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