2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)
Positive LMIA
The employer will receive a letter confirming the approval of the LMIA application. This positive LMIA is valid for 6 months from the date of issuance.
For privacy reasons, the letter will not include the names of the TFWs. However, it provides specific details about the job offer, such as the wages, working conditions and occupations as well as a system file number. The names of the workers will appear in Annex B which is intended for the employer’s records only, and is not to be shared with the TFW as it is not required for the purposes of applying for a work permit.
Once the positive LMIA letter is received, it is the employer’s responsibility to:
- send a copy of this letter and the employment contract, signed by the employer, to the TFW
- ask the TFW to apply to IRCC for a work permit. The TFW must include with the work permit application a copy of the positive LMIA letter and the employment contract signed by both the employer and the worker
Provincial variations
If the job is located in 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 (MIFI)
- Quebec Certificate of Acceptance issued by MIFI, and employment contract signed by the employer
- 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
Note:
Given the rising COVID-19 infection rates, and to ensure that TFWs have adequate time to obtain the necessary documentation to support their work permit applications, the Program will continue to be flexible around the LMIA validity date. Specifically:
- approved LMIAs will be valid for nine months;
- a validity period extension of up to a maximum of nine months is permitted if the original LMIA’s validity period was issued for six months. The extension requests can be made to the processing centre that initially processed the LMIA.
Changing a TFW name on a positive LMIA
The employer must send a completed Request to add or remove a Foreign National’s name form (ESDC-EMP5661) to Service Canada, either by fax or email to the processing centre that initially processed the LMIA.
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
Note: If you wish to change the name of your already identified foreign worker for reasons related to COVID-19 you can now benefit from an expedited name change process. You will need to indicate that the name change request is due to hardships related to COVID-19 when you contact the processing centre that initially processed your LMIA.
Exemptions
Name changes are not performed when:
- 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
Note:
On May 12, 2020, IRCC announced a Temporary Public Policy. The new policy allows some TFWs already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the requests to add or change names on approved LMIAs. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 Temporary Public Policy
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 an employer in the Agricultural Stream, under established working conditions. A work permit cannot exceed a maximum duration of employment of 2 years.
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
- 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
- keep records of the number of regular and overtime hours the TFW has worked on a weekly/monthly basis
Note:
Employers are not allowed to take away the TFW’s identification documents such as passport, work permit or other identification.
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.
