Labour Market Impact Assessment valid for a maximum period of 12 months

Labour Market Impact Assessment valid for a maximum period of 12 months

Announced October 31, 2023


1. What is the expiry date for LMIAs?

Beginning on October 31, 2023, and until further notice, a Labour Market Impact Assessment (LMIA) is valid to support a temporary foreign worker’s (TFW) work permit application to Immigration, Refugees and Citizenship Canada (IRCC) for a maximum period of 12 months after it is issued. The LMIA expiry date identifies the period of time during which:

employers must notify the TFW that the LMIA was approved
employers must send the positive LMIA letter to the TFW
TFWs must apply for a work permit at IRCC
employers who do not provide the names of the TFWs when applying for an LMIA, must continue to try and recruit Canadians and permanent residents until they select a TFW
If this does not occur within the period of time identified (before the expiry date), the LMIA is no longer valid and employers must submit a new LMIA application if they still wish to hire a TFW.

 

2. What is the difference between the LMIA expiry date, duration of an LMIA and work permit expiry date?

The LMIA expiry date is the date by which the TFW must have applied for a work permit. If the TFW has not applied by that date, the LMIA is no longer valid and employers must apply for a new LMIA, if they still wish to hire a TFW
The LMIA duration date is based on ESDC/Service Canada's assessment of an application for an LMIA. It identifies the recommended length of time that a work permit could be issued to a TFW without negatively impacting the Canadian labour market
The work permit expiry date is determined by IRCC when the TFW applies for a work permit. It indicates how long the TFW will be allowed to work and reside in Canada

Note: 2-year employment duration for low-wage positions

In order to support employers and workers affected by COVID-19 the Temporary Foreign Worker Program has put in place special measures. There will be an increase in the allowable employment duration from 1 to 2 years for Labour Market Impact Assessment (LMIA) in the low-wage stream (as part of a 3-year pilot initiated March 2020).

Note: 3-year employment duration for high-wage positions

As of April 4, 2022, employers submitting an LMIA application for a high-wage position may request an employment duration of up to 3 years. The employment duration must align with the employer’s reasonable employment needs. (High-wage positions include the Global Talent Stream, High-wage Stream including caregiver positions, Agricultural Stream and Express Entry).

 

3. What about job offers that start more than 12 months after the LMIA is issued?

Regardless of the start date, TFWs must submit their work permit application before the expiry date identified on the LMIA. Employers are also expected to try and recruit Canadians and permanent residents until all positions identified on the LMIA have been filled or the LMIA expires.

 

4. Can ESDC/Service Canada issue an LMIA with an expiry date of less than 12 months?

Yes. The Department can issue an LMIA that expires in less than 12 months (for example short employment period related to emergency or warranty work).

 

5. Do employers have to wait until they have recruited a foreign worker to apply for an LMIA?

No. Most employers do not have to include the worker's name for ESDC/Service Canada to evaluate their LMIA application. However, these employers must continue to advertise the position to recruit Canadians or permanent residents until they have selected a TFW. They must provide the name of the TFW and other relevant information before the LMIA expires.

There are some exceptions, when employers are not able to apply for an unnamed LMIA . These exceptions depend on the stream the application is being submitted under and the province/territory where the job is located.

 

6. Does the maximum 12 month expiry apply to all components of the Temporary Foreign Worker Program?

Yes it applies to all components of the Program across all provinces and territories, with the exception of SAWP.

PROCESSING UPDATE 2023

Congratuation!

Permanent Resident Approval


KIM, ** - Food service supervisor position
Oct. 2016 Express Entry Applied→Oct. 2016 Invitation Received→Jan. 2017 Final Approved


KIM, ** - Dental technician position
Oct. 2016 Express Entry Applied→Oct. 2016 Invitation Received→Jan. 2017 Final Approved


AN, ** - Hotel clerk supervisor position
Aug. 2016 Express Entry Applied→Aug. 2016 Invitation Received→Jan. 2017 Final Approved


SEO, ** - Retail store supervisor position
Jul. 2016 Express Entry Applied→Aug. 2016 Invitation Received→Jan. 2017 Final Approved


NOH, ** - Welder position
Jan. 2015 AINP Applied→Aug. 2015 Nominee Approved→Jan. 2017 Final Approved


CHI, ** - Welder position
Mar. 2015 AINP Applied→Aug. 2015 Nominee Approved→Jan. 2017 Final Approved


AMUNDSON, ** - Spouse sponsorship
May. 2015 Spouse Sponsorship Applied→Feb. 2017 Final Approved


 

AINP Approved


KIM, ** - Room attendant
Dec. 2016 Applied→Jan. 2017 Nominee Approved


YOON, ** - Alterationist
Jan. 2016 Applied→Jan. 2017 Nominee Approved


CHOI, ** - Housekeeping supervisor
Jan. 2016 Applied→Jan. 2017 Nominee Approved


CHOI, ** - Automotive service technician
Dec. 2016 Applied→Feb. 2017 Nominee Approved


KIM, ** - Retail store supervisor
Nov. 2016 Applied→Feb. 2017 Nominee Approved


KIM, ** - Sports instructor
Sep. 2016 Applied→Mar. 2017 Nominee Approved


LEE, ** - Cleaning supervisor
Nov. 2016 Applied→Mar. 2017 Nominee Approved


LEE, ** - Motel managing supervisor
Sep. 2016 Applied→Mar. 2017 Nominee Approved


KIM, ** - Food service supervisor
Oct. 2016 Applied→Mar. 2017 Nominee Approved


BERNABE, *** - Food service supervisor
Oct. 2016 Applied→Mar. 2017 Nominee Approved


KIM, ** - Retail store supervisor
Dec. 2016 Applied→Mar. 2017 Nominee Approved


 

SINP Approved


JUNG, ** - Food counter attendant
Nov. 2016 Applied→Jan. 2017 Nominee Approved


 

LMIA Approved


Retail store supervisor
Jun. 2016 Applied→Jan. 2017 Approved


Cook
Nov. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Aug. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Nov. 2016 Applied→Jan. 2017 Approved


Cook
Aug. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Jan. 2017 Approved


Cashier
Sep. 2016 Applied→Jan. 2017 Approved


Cook
Oct. 2016 Applied→Jan. 2017 Approved


Hotel clerk
Jun. 2016 Applied→Jan. 2017 Approved


Motel supervisor
Jun. 2016 Applied→Jan. 2017 Approved


Liquor store supervisor
Oct. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Jan. 2017 Approved


Cook
Sep. 2016 Applied→Feb. 2017 Approved


Food & Beverage Server
Jan. 2017 Applied→Feb. 2017 Approved


Cook
Oct. 2016 Applied→Mar. 2017 Approved


Cook
Dec. 2016 Applied→Mar. 2017 Approved


Cook
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Mar. 2017 Approved


Food service supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Motel managing supervisor
Dec. 2016 Applied→Mar. 2017 Approved


Motel managing supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Cleaning supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Food service supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Drywall installer
Feb. 2017 Applied→Mar. 2017 Approved


Martial arts Instructor
Jan. 2017 Applied→Mar. 2017 Approved


Food service supervisor
Jan. 2017 Applied→Mar. 2017 Approved


Updated until March 31, 2017