2021 LMIA: Hire Seasonal Agricultural Farm Worker
Positive Labour Market Impact Assessment
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 issue.
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 foreign governments’ Ministry of Labour.
Note:
Liaison officers from Mexico and the Caribbean countries are responsible to recruit agricultural foreign workers and to help them apply for the necessary work permit and visa, if applicable, from IRCC.
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, SAWP LMIAs approved for the 2021 season will be valid until December 15, 2021.
Changing a TFW name on a positive LMIA
If there is a requirement to change the name of a TFW on an LMIA, the name change request must be received before the LMIA’s expiry date in order to be processed by Service Canada.
Processing times vary depending on the total amount of names to be changed:
- 10 names or less – 15 business days, or
- more than 10 names – 20 business days
The original LMIA expiry date will not change.
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.
Exemptions
Name changes are not performed when:
- the application is for permanent resident or dual intent, or
- the application is for the Seasonal Agricultural Worker Program (SAWP)
Important: If the work permit application has been submitted, or the work permit has been issued, no name change can be performed.
All requests must be faxed or emailed to the processing centre that initially processed your LMIA.
Note:
For positions located in Quebec, the replacement of a TFW is only possible if the new worker holds a Certificat d’acceptation du Québec (CAQ). Please note a CAQ is not required for positions with a work duration of 30 days or less.
Note:
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a Temporary Public Policy. The new policy allows some temporary foreign workers (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 LMIA applications. 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 a SAWP employer, under established working conditions. A work permit can be valid from January 1 to December 15, however, it cannot exceed a maximum duration of employment of 8 months.
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 Web site
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 indicates that it is for a job under the SAWP, and
- 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.
Revocation of a Labour Market Impact Assessment
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 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, or
- 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).
