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

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

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

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.