Hire a skilled worker to support their permanent residency – Program requirements

Processing fee

Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment (LMIA) application processing fee with submission of a medical certificate attesting to the individual’s incapacity to care for themselves. Families or individuals with a gross annual income of $150,000 or less seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.

In addition, the processing fee doesn’t apply to:

• employers choosing only to support a foreign national's application for a permanent resident visa
• Training, Education, Experience and Responsibilities (TEER) 0/1/2/3 positions of the National Occupational Classification (NOC) related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically NOC codes 80020, 80021, 82030 and 82031)

Employers must pay $1,000 for each position requested (for example $1,000 x number of positions = total payment) to cover the cost of processing a dual intent LMIA application.

The processing fee payment (in Canadian dollars) can be made by:

• Visa
• MasterCard
• American Express

There will be no refund in the event of a negative LMIA, or if the application is withdrawn or cancelled by the employer since the fee covers the assessment process and not the outcome.

Refunds will only be available if a fee was collected in error (for example, an incorrect fee amount was processed).

Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from foreign workers.

Recruitment fees

There may be a variety of fees and costs incurred in the process of recruiting temporary foreign workers (TFW), including but not limited to:

• cost of using a third-party representative
• advertising fees
• fees paid by a foreign national for assistance with finding or securing employment
• fees paid by an employer for assistance or advice in the hiring of foreign nationals

As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn’t charge or recover any recruitment fees, directly or indirectly, from the TFWs. Failure to do so will result in a negative LMIA decision.

Language of work

English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers. However, if another language is essential for the job, you must provide a justification on the application.

Education, training and experience

Employers are responsible for verifying that the foreign worker has all the necessary training, qualifications and experience to perform the work in Canada.

Regulated occupations

Employers hiring a foreign worker in regulated occupations in Canada must ensure that arrangements are made with the appropriate regulatory body for the certification, registration or licensing of the foreign worker. A "regulated" occupation is one where a professional or regulatory body has the authority to set entry requirements and standards of practice that lead to a certification or registration, or licence (for example, skilled trade occupations with compulsory certification).

Securing the necessary documents to practice in Canada is the employer's and the worker's responsibility. For the purpose of issuing a work permit, Immigration, Refugees and Citizenship Canada (IRCC) must be satisfied that the skilled worker is capable of performing the employment being offered to them. IRCC will check to ensure the skilled worker holds the required certification or licensing to practice in a regulated occupation in Canada. If the applicant isn’t certified or licensed, IRCC will assess whether the applicant is likely to qualify for certification when in Canada before issuing a work permit.

In assessing a job offer for the purpose of issuing a permanent residence visa, IRCC must be satisfied that the skilled workers are able to perform and are likely to accept and carry out the employment being offered to them.

Business legitimacy

All employers applying to the TFW Program (TFWP) must supply documents along with their LMIA application to demonstrate that their business and job offer are legitimate.

Transition plan for high-wage positions New

Employers submitting a dual intent LMIA application where the wage offered is at or above the provincial/territorial median hourly wage must meet the high-wage stream program requirement for a transition plan.

A transition plan, valid for the duration of the TFW's employment, is a mandatory requirement to hire TFWs in high-wage positions. It describes the activities you're agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the TFWP.

If you've never completed a transition plan before, you must submit one as indicated in the appropriate section of the LMIA application.

If you're applying for an LMIA and have previously submitted a transition plan for the same position and work location, you must report on the results of the commitments you've made in your previous transition plan (will be used to determine if the described activities had been undertaken).

Transition plan exemptions

The transition plan requirement doesn't apply if you're requesting:

• in-home caregiver or health care provider positions:
  • private household employers (under North American Industry Classification System [NAICS] code 8141) for in-home caregiver positions under National Occupational Classification (NOC) codes 31301, 32101, 44100 and 44101
• healthcare institutions (under 2-digit NAICS 62) for health care provider positions under NOC 31301, 32101 and 33102
• a position under the Seasonal Agricultural Worker Program (SAWP), the agricultural stream and other primary agriculture occupation
• a specialized occupation that qualifies for Quebec's facilitated LMIA process (applicable only to the first request for the same job at the same work location)
• a position in support of a permanent residency application only (no application for work permit)
• a position of limited duration where:
  • the job is time-limited in nature and the employment duration may range from 1 day to a maximum of 2 years
  • there is no reasonable expectation that you could transition the position to a Canadian or permanent resident
  • the job won't be filled after the departure of the TFW as the position will no longer exist (for example, project-based occupations such as consultant for business management, specialized engineer for a dam construction project)
  • in some cases, repeat use of the specific position is the norm for the industry, but each employment duration is limited (for example, some film and entertainment positions, emergency repairs and warranty work)
• a position with unique skills: skills or traits that belong to a specific individual and aren't readily available in Canada (for example, NOC TEER 000 occupations, hiring by a foreign government)

As of September 26, 2024, positions for which you're submitting a dual intent LMIA application to support a TFW's permanent residency are no longer exempt from the transition plan requirement.

Cap on the proportion of low-wage positions New

As of September 26, 2024, certain dual intent LMIA applications for low-wage positions are subject to a 10% cap on the proportion of TFWs hired at a specific work location.

Any LMIA applications submitted that go above this current cap may not be processed. For more information, visit Refusal to process an LMIA application.

Variation to the 10% cap

In the following sectors and subsectors, the cap on the proportion of TFWs that you can hire is 20%.

The classification code for the sectors is determined by the North American Industry Classification System (NAICS) Canada.

• NAICS 23 – Positions in construction
• NAICS 311 – Positions in food manufacturing
• NAICS 622 – Positions in hospitals
• NAICS 623 – Positions in nursing and residential care facilities
• NAICS 61 – Educational services and NAICS 62 – Healthcare and social assistance – Specific positions in caregiving under:
  • NOC 31301 – Registered nurse or registered psychiatric nurse
  • NOC 32101 – Licensed practical nurse
  • NOC 44100 – Home childcare providers
  • NOC 44101 – Attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant
  • this exemption applies to all in-home caregivers; ESDC and IRCC are evaluating the impact of the inclusion for future measures

Employers with fewer than 10 employees nationally

Employers (including private household employers) with a total workforce size of fewer than 10 across all worksites in Canada must now complete the "Cap for low-wage positions" section of the LMIA application form. This total workforce size includes the vacant positions requested on the application and TFWs on previously approved LMIAs who have yet to start their employment.

Employers will be limited to hiring 1 TFW (for industries with a 10% cap) or 2 TFWs (for industries with a 20% cap).

How to determine if you're within the cap

You must complete the "Cap for low-wage positions" section of the LMIA application to determine if you're within the proportion of TFWs that you can hire in low-wage positions at a specific work location. You may be asked to submit documents, such as payroll records, to support the information provided.

Union consultation

Although it isn’t a mandatory requirement, if the position being filled by the foreign worker is unionized, it is recommended that employers:

• work actively with union representatives to recruit unemployed Canadians and permanent residents
• consult the union on its position regarding the hiring of a foreign worker for the available job
• confirm that the conditions of the collective agreement (for example, wages, working conditions) will apply to the foreign worker

Employment agreement

Although a copy of the employment agreement isn’t required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each foreign worker on or before their first day of work with you. An employment agreement must:

• include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment
• be drafted in either English or French as preferred by the foreign worker, and
• be signed by both the employer and the foreign worker

Employers can develop and use their own employment agreement as long as it contains all the necessary information. You can also use the employment agreement template.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

For positions in Quebec, visit the website of Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) (French only) for specific requirements regarding the employment contract.

Third-party representatives

Employers don’t need to use the services of a third-party representative to apply for a foreign worker. However, employers who choose to use the services of 1 of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements.

Representatives assist employers by providing services, such as:

• explaining and providing advice on the TFWP
• completing and submitting the application form and all required documents
• communicating with ESDC/Service Canada on the employer’s behalf, and
• representing the employer during the application process

Employers who wish to use the services of a third-party representative, paid or unpaid, must complete the appropriate section of the LMIA application form. Employers must identify their representative and not simply the firm/organization employing this person.

Recruiters

A recruiter or anybody recruiting for the employer is someone who:

• finds or attempts to find an individual for employment with the employer, or
• assists another person in finding or attempting to find an individual for employment with the employer, or
• refers a foreign national to another person who finds or attempts to find an individual for employment with the employer

Some provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure you comply with those requirements. As an employer, you’re also responsible for the actions of anyone who recruits on your behalf.

New employers

Employers who haven’t employed a TFW in the past 6 years prior to submitting a LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a workplace that is free of abuse and that they weren’t an affiliate of an employer who is ineligible for the TFWP or in default of any amount payable in respect of an administrative monetary penalty.

A workplace that is free of abuse includes

• (a) proactive efforts made to prevent workplace abuse
• (a) reactive measures taken to stop abuse

An affiliate includes an employer that is controlled by another employer

• (a) 2 employers that are under common control; or
• (b) employers that are not operated at arm’s length.

Transportation for low-wage positions New

As of September 26, 2024, employers submitting a dual intent LMIA application for a low-wage position must pay round-trip transportation costs for TFWs. This includes:

• arriving to their work location in Canada at the beginning of their work period, and
• returning to their country of residence at the end of their work period

If the TFW finds a new employer who was issued a positive LMIA, the new employer is responsible for the transportation costs.

The transportation costs cannot be recovered from the TFWs.

Housing New

As of September 26, 2024, employers submitting a dual intent LMIA application for low-wage positions must provide or ensure that suitable and affordable housing is available for the TFW.

For the TFWP, Canada Mortgage and Housing Corporation (CMHC) definitions are used to determine the suitability and affordability of housing:

• suitable housing: doesn't require any major repairs, according to residents. Major repairs include those to defective plumbing or electrical wiring, or structural repairs to walls, floors or ceilings
• affordable housing: costs less than 30% of the TFW's before-tax income. Shelter costs include, rent (or mortgage payment) and any payments for electricity, fuel, water and other municipal services

We may ask for proof (for example, newspaper ads) that affordable housing is available.

Health insurance

In applicable provinces/territories, you must obtain and pay for private health insurance that covers emergency medical care for any period during which the TFW is not covered by the applicable provincial/territorial health insurance system.

The coverage the employer purchases must correspond with the TFWs’ first day of work in Canada and the costs mustn’t be recovered from the TFWs.

During an employer inspection, an ESDC/Service Canada inspector will look at the policy coverage to make sure that it hasn’t been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the TFW isn’t covered by the provincial/territorial health insurance. Some private insurance companies offer more comprehensive plans, but ESDC will accept a basic plan so long as it ensures that the TFW won’t have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each TFW, as well as the terms of the policy coverage (for example, the details of what is covered).