1. What is the expiry date for LMIAs?
2. What is the difference between the LMIA expiry date, duration of an LMIA and work permit expiry date?
3. What about job offers that start more than 6 months after the LMIA is issued?
4. Can ESDC/Service Canada issue an LMIA with an expiry date of less than 6 months?
5. Do employers have to wait until they have recruited a foreign worker to apply for an LMIA?
6. Does the maximum 6 month expiry apply to all components of the Temporary Foreign Worker Program?
Beginning on May 19, 2009, a Labour Market Impact Assessment (LMIA) (formerly known as a Labour Market Opinion (LMO) 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 6 months after it is issued. The LMIA expiry date identifies the period of time during which:
If this does not occur within the period of time identified (before the expiry date), the LMIA is no longer valid and employers must submit a new LMIA application if they still wish to hire a TFW.
Given the rising COVID-19 infection rates, and to ensure that temporary foreign workers have adequate time to obtain the necessary documentation to support their work permit applications, the program will continue to be flexible regarding the LMIA validity date. Specifically:
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.
Yes. The Department can issue an LMIA that expires in less than 6 months (e.g. short employment period related to emergency or warranty work).
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.
Yes it applies to all components of the Program across all provinces and territories, with the exception of SAWP.
Under the Temporary Foreign Worker Program, employers can apply for a Labour Market Impact Assessment (LMIA) before a temporary foreign worker (TFW) has been identified. LMIA applications that do not contain the names of the TFWs will be assessed by Employment and Social Development Canada (ESDC)/Service Canada and employers who meet the requirements will receive a positive “Unnamed LMIA”, valid for 6 months.
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