In-Home Caregiver Apply for a Labour Market Impact Assessment

Provincial/territorial variations

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

• send to the TFW 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 TFW 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 TFW name on a positive LMIA

Employers who need to change the name of a TFW 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 TFW’s work permit application. If the assessment is positive, the TFW 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.

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

• ask the TFW to verify if additional conditions apply,
• contact the consulate of the foreign worker’s country in Canada; or
• visit the consulate’s website.

Once the TFW 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 TFW’s work permit issued by IRCC indicates the name of the individual hiring the worker as the authorized employer; and
• keep records of the number of regular and overtime hours the TFW has worked on a weekly/monthly basis.

Employers must apply for a new LMIA when they anticipate that their need for TFWs 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.

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).

Negative LMIA

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

Employer compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring TFWs 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, have the same labour and human rights and social protections.

In accordance with the IRPR (Section 203(1)(e)), employers who have hired a TFW within the past 2 years, prior to December 31, 2013, may be subject to an employer compliance review after submitting a new LMIA application.

This review, often known as an STS (substantially the same) assessment, requires employers to demonstrate that the TFWs were provided with substantially the same:

• wages;
• working conditions; and
• occupation, as set out in the positive LMIA letter and annexes.

Employers who applied for and have received a positive LMIA, on or after December 31, 2013, and employed a TFW in that position, must demonstrate they provided the TFW with:

• employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes); and
• 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).

More information is available in the Employer Compliance section.