Named or Unnamed Positive LMIA Example

The following information is digested from ESDC’s LMIA approval letter.

 

Dear xxx,

This is to inform you that Employment and Social Development Canada (ESDC)/Service Canada (SC) has completed the processing of your Labour Market Impact Assessment (LMIA) application received on [date xxx] for 1 [job title] at [address xxx].

It has been determined that hiring foreign nationals in the specified occupation and at the specified work location is likely to have a positive or neutral impact on the Canadian labour market. This positive LMIA expires on [date xxx]; prior to this date, the foreign national(s) must submit their work permit or permanent residency application(s) to Immigration, Refugees and Citizenship Canada (IRCC). If you have not already provided the name(s) of the foreign national(s), please submit their name(s) by completing the Temporary Foreign Worker Information form located at:

• Temporary Foreign Worker Information form (PDF file): ESDC-EMP5661

This positive LMIA is based on the information and supporting documentation you provided in your application. It is subject to your compliance with legal requirements related to the employment of the foreign worker. Employers are responsible for:

• ensuring they comply with all of the conditions and requirements of the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR), and the Temporary Foreign Worker (TFW) Program, as outlined in documents such as the LMIA application, the LMIA decision letter and annexes;
• keeping all records associated to their LMIA application and any other documents that demonstrate their compliance with the program conditions that are set out in the LMIA decision letter and annexes for a period of six years; and
• informing ESDC/SC of any changes or errors relating to an approved LMIA or the temporary foreign worker.

To view the Program Requirements you agreed to comply with as part of your application submission, please visit:

• https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

This LMIA may be revoked or suspended if:

• a) new information becomes known after the time the LMIA is issued that, if known before, would have led to a different result or indicate that the employment of the foreign worker under the work permit is having, or will have, a significant negative effect on the labour market in Canada;
• b) you, your third-party, or the group of employers of which you are part of provided false, misleading or inaccurate information in the context of the request for the LMIA;
• c) your name has been added to the list referred to in subsection 209.91(3) of the IRPR (http://lawslois.justice.gc.ca/eng/regulations/sor-2002-227);
• d) there are reasonable grounds to suspect that you are not complying with the conditions set out in IRPR.

If you decide to cancel your offer of employment or that you no longer need to hire a foreign national before their entry to Canada, you must immediately contact the affected foreign national(s) and notify Service Canada by contacting the Employer Contact Center at 1-800-367-5693. Failure to do so could impact the outcome of future LMIA applications.

WORK PERMIT OR PERMANENT RESIDENCY APPLICATION

Employers must provide copies of this LMIA Letter and the annexed Employment Details page to the foreign nationals in order for them to apply for a work permit or permanent residency. To obtain more information, please visit Immigration, Refugees and Citizenship Canada (IRCC) at: www.cic.gc.ca.

FOREIGN WORKER RIGHTS

To obtain information on the rights of people temporarily working in Canada, see ‘Understand Your Rights – Foreign Workers’ at http://www.cic.gc.ca/english/work/tfw-rights.asp.

REPORTING ABUSE OR MISUSE

To report abuse or misuse of the Temporary Foreign Worker Program, see the ‘Online Fraud Reporting Tool’ at www.servicecanada.gc.ca or call the Service Canada Confidential Tip Line at 1-866-602-9448. Callers can choose to remain anonymous. If you have a Job Bank for Employers account, we invite you to submit your next LMIA application electronically. For more information please visit:

https://www.canada.ca/en/employment-socialdevelopment/corporate/notices/labour-market-impact-assessment-apply-online.html.

If you have any questions or concerns regarding this letter, please refer to the contact information provided below.

Sincerely,

xxx