LMIA, which stands for Labor Market Impact Assessment, is a document that indicates whether there are Canadian or permanent resident applicants available or suitable to fill a vacant job in Canada. It allows a Canadian employer to hire a foreign worker when no qualified local candidates are found. An employer cannot obtain a confirmation letter (LMIA) if they have not been able to find a Canadian citizen to fill the position, and they are legally required to prioritize hiring Canadian residents. However, there are some exemptions to this rule, which provide certain benefits to foreign employees.
LMIA exemptions are available for foreign employees who can work in designated positions for employers with closed LMIA exempt work permits. These exemptions are granted based on the Immigration and Refugee Protection Regulation Act (IRPR). They allow foreign workers to be eligible for the substantial benefit of LMIA exclusions, meaning they can work in Canada without the need for an LMIA.
The Immigration, Refugees and Citizenship Canada (IRCC) has established the International Mobility Program (IMP) as part of the work permit program. The IMP aims to promote Canada’s social, economic, and cultural interests. Work permits obtained through the IMP are LMIA exempt because the Canadian government has determined that the foreign worker’s employment would bring significant benefits to Canada. Additionally, exemptions may apply based on reciprocal agreements between Canada and the foreign worker’s country.
Once an LMIA application has been processed, the employer will receive a decision. A positive LMIA allows the employer to proceed with hiring a foreign national. On the other hand, a negative LMIA means that the employer is not approved to hire a foreign national.
It’s important to note that the province of Quebec retains significant autonomy over its immigration policies and procedures. Consequently, Quebec has its own unique distinctions regarding the hiring of foreign workers, which may differ from the policies in other provinces.