Business Legitimacy for LMIA Sponsoring Company

Proof of providing a good or service

If you have received a positive LMIA decision in the past two years and your most recent LMIA decision was positive, then you are not required to provide proof that you are operating a business that is providing a good or service in Canada with your LMIA application.

All Other Employers: You must submit at least one of these documents to demonstrate that you have a legal business that provides a good or a service in Canada:

• municipal/provincial/territorial business license(valid, for example not expired)
• T4 Summary of remuneration paid
• PD7A Statement of account for current source deductions
• an attestation confirming that you are engaged in a legal business that provides a good or a service in Canada where an employee could work and a description of the main business activity. Permanent residency stream only, confirmation that the business has been operating for at least one year must also be included in the attestation.
• if you are a foreign employer without a Canada Revenue Agency number whose business address and operation is outside of Canada, you may submit your contract or invoice for the goods or services that you are providing in Canada
• a copy of the Coasting Trade letter of authority issued by the Canada Border Services Agency for positions onboard a foreign vessels undertaking coastal trade in Canadian waters

Documents required for trucking applications

If you are hiring a skilled foreign worker to support his or her application for permanent residence in Canada, you must submit proof that the business has been in operation for a minimum of one year (does not apply for positions in Quebec).

Proof of address – All private household employers regardless of your history with the TFW Program

• Caregiver Positions: Proof of the care recipient’s address (for example the work location where the foreign national will perform their duties) must be provided if employer and care recipient reside at different addresses. Employers residing at the same address as the care recipient (for example the work location where the foreign national will perform their duties) are exempt from providing proof of address.
• Non-Caregiver Positions: Proof of address must be provided if you are hiring a foreign worker to work out of your home , (for example the work location where the foreign national will perform their duties) and you do not provide a good or service.

Examples of Proof of Address: A driver`s license, utility bill, provincial/territorial identification card, bank statement, CRA notice of assessment or a statement of other government benefits such as CPP, OAS or GIS.

Reasonable employment need

If you meet the conditions specified below then you must supply supporting documents along with your application to demonstrate that your job offer is legitimate.

Your Labour Market Impact Assessment application will be used to assess whether the job offer is consistent with the needs of the business.

Documents required for trucking applications

Documents required for positions onboard a foreign vessel undertaking coastal trade in Canadian waters

For all in-home caregiver positions, you must provide:

• proof of individual requiring care, such as:
  • proof of age if the person receiving care is:
    • younger than 18 years of age
    • 65 years of age or older
  • proof of disability, chronic or terminal illness if the person receiving care has high medical needs

Attestations

Attestations must be prepared by either:

• a lawyer or any other member in good standing with a law society
• a Chartered Professional Accountant in good standing with the respective professional body
  (attestations from Chartered Accountants in Quebec are not authorized by the Ordre des comptables professionnels agréés du Québec)

Language of documents

Any document submitted in a language other than official languages (English or French) must be accompanied by the English or French translation and an affidavit from the person who completed the translation attesting to the accuracy of the translation and to the name of the person who translated the document.