top of page
Canadian Flag flying infront of an office building

What is a LMIA?

The Labour Market Impact Assessment, or LMIA, is an assessment a Canadian employer must complete before hiring a foreign worker. To obtain a positive LMIA, a Canadian employer must demonstrate that no Canadian citizen or permanent resident can undertake or is available for the job and that a foreign worker is necessary. The positive LMIA is then provided to the foreign worker for their work permit application, which is typically issued for one year if granted.

How Can Brace Law Assist You with a LMIA Application?

Brace Law has been assisting employers and potential employees with successful LMIA applications and work permits. We can help you complete a Labour Market Impact Assessment and when you receive a positive assessment, we will assist your targeted foreign workers get work permits at the Canadian visa office in their country. 

​

The Temporary Foreign Worker Program provides Canadian employers a last resort when they are unable to recruit qualified Canadian citizens or permanent residents. Brace Law will help Canadian employers meet the necessary requirements for advertising and the ongoing compliance obligations.

For Canadian Employers

LMIA applications should demonstrate:

  • Efforts were made to recruit Canadian citizens or permanent residents

  • Working conditions meet the current provincial labour market standards

  • Wages are persistent with the current wage rate for Canadian citizens and permanent residents in the same occupation in the same region

  • Transition plans for high-wage positions demonstrating efforts to hire Canadian workers in the long-term

  • The LMIA process will vary depending on whether the targeted employee is classified as high-wage or low-wage.

High-Wage Worker

When a Canadian employer is targeting a high-wage worker, they are required to submit a transition plan with their application that will demonstrate an increased effort in hiring Canadian workers for the position in the long-term. The transition plan must demonstrate a decreased reliance on foreign workers.

​

A high-wage worker is anyone making more than the hourly minimum wage for a given occupation in a particular region. The transition plan is used to demonstrate that the TFW Program is being used as a last resort when for a temporary position when a qualified Canadian worker is not available.

Low-Wage Worker

Canadian employers are limited in the number of foreign workers they are able to hire for a posted position. This is to ensure that Canadians are always considered first for a job. Certain low-wage occupations can be refused for LMIA processing and certain restrictions and a cap can be placed on Canadian employees.

​

Canadian employers offering a low-wage position must:

  • Ensure that affordable housing is available for potential foreign workers

  • Provide a contract to the employee

  • Register the employee with the proper federal/provincial safety board

  • Pay for round trip transportation

  • Pay for private health insurance until the foreign worker become eligible for provincial health coverage

​

To determine your eligibility as a Canadian employer or a foreign worker, please contact our LMIA lawyer for guidance on your application.

What is a Post-Graduation Work Permit Program?

The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from designated Canadian learning institutions to obtain an open work permit to work in Canada. The benefits of this work permit include no job offer requirement; a duration of up to 3 years (subject to the official length of program completed); and eligibility for Provincial Healthcare. An international student can only receive one PGWP in their lifetime.

 

A minimum of one year of work experience in the National Occupational Classification (NOC) skill type 0 or skill level A or B obtained through the PGWP may support your application for temporary residency.

To Apply for the Post-Graduation Work Permit, You Must Meet the Following Requirements:

  1. You must have maintained full-time student status in Canada during each academic semester, except your last academic semester, and completed a program of study that led to a degree, diploma, or certificate.  If you meet all the eligibility requirements, except that you are enrolled in part-time studies in your final academic semester, you will still be eligible for the PGWPP.

  2. You have received a transcript and an official letter confirming program completion (these documents must be included in your application).

  3. You must apply for a PGWP within 90 days of receiving written confirmation from your educational institution that you have met the requirements for completing your program.

  4. You must hold a valid study permit when you apply.

After You Have Applied for a PGWP, You May Immediately Begin Working Full-Time While You Are Waiting for a Decision On Your Application, Only If You Meet All of the Following Conditions:

  1. You have completed your program of study.

  2. You have a valid study permit when you submitted your application and applied within 90 days of receiving your transcript and/or official letter confirming program completion.

  3. You were eligible to work off-campus without a work permit.

  4. During academic semesters, you did not work off-campus for more than 20 hours per week.

Connect With Our Lawyers

Get in touch to book a legal consultation

Choose Practice
How Did You Hear About Us?

have further questions about Working In Canada?

Contact Brace Law today for a consultation

What Exempts Me From a Work Permit?

There are certain skilled-trade positions that do not require a Labour Market Impact Assessment to be conducted for Canadian employers. These include:

  • R204: International Agreements

  • R205: Canadian Interests

  • R206: No other means of support (ie Refugee claimants)

  • R207: Permanent Residence applicants in Canada (ie spouse or common-law partner)

  • R208: Humanitarian Reasons

​

Canadian employers can avoid a lengthy and complex LMIA process. Contact Brace Law for more details and to see how our Immigration Lawyer can help with your work permit application.

Significant Benefit Work Permit

This program allows artists,entrepreneurs, investors, foreign workers and other individuals who come into Canada and bring with them social, economic and cultural benefits. In their application, these individuals will need to demonstrate that they will contribute to Canadian society and provide opportunities for Canadian citizens and permanent residents.

Individuals who qualify under the Significant Benefit Program, include:

  • Intra-Company Transferees (individuals working on foreign companies with a subsidiary in Canada)

  • Canadian Interests (individuals who offer more social or cultural benefit to Canada

  • Entrepreneurs and Self-Employed Candidates (individuals looking to start a business in Canada that can demonstrate their intended business will have an economic, cultural or social impact in Canada)

  • Emergency Repairs (foreign workers making repairs on industrial machinery and equipment that help to ensure Canadian workers are not disrupted).

​

Contact our Immigration Lawyers to learn more about LMIA exemptions.

Swipe to Read More Reviews

Client Reviews and Testimonials

5/5

Somayeh Parishani

Behnaz and Lusi, you are amazing. Thank you for helping us to fulfill our dreams and come to Canada. They professionally and patiently listened to us and introduced the best program matching our situation. I strongly recommend Brace law for your immigration journey.

5/5

Paula Greco

Mrs.Assad was so helpful and made me feel at ease when dealing with lawyers. I would highly recommend her

5/5

Redjon Gjuzi

I asked brace law professional corporation to help me and my brother to obtain the work permit and they was very helpful and the team ready to answer to all my questions.

International Experience Canada (IEC) Work Permit

International Experience Canada, otherwise known as an IEC Work Permit, is a program designed to provide youth from participating countries and territories the opportunity to work and travel in Canada. This program is mainly offered to participants ages 18 to 35 years of age.

​

The eligibility guidelines to participate in this program vary between country and territory and may include the following:

  • Participants must obtain 12 months of insurance

  • Must show that you have $2,500 Canadian

  • Must not have any dependents

​

Participants can apply to participate in this program prior to travel in Canada or upon entry to Canada. To do so, applicants must meet the eligibility requirements from the country of origin in order to submit the application.

​

The working holiday or the young professional work permit is generally valid for a period of 1-2 years, depending on your country’s requirement, with the exception of Italy which is only 6 months. If you receive a working holiday under the International Experience Canada, one of the benefits is that it is an open work permit, which affords you with the flexibility to try different career opportunities and/or geographical settings.

​

If you meet the requirements to participate in the International Experience Canada opportunity and wish to start the application process and confirm eligibility requirements, contact Brace Law at 905-815-6555 or email staff@bracelaw.ca

List of Countries Eligible For International Experience Canada:

Australia, Austria, Belgium, Chile, Costa Rica, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, South Korea, Latvia, Lithuania, Luxembourg, Mexico, Netherlands, New Zealand,  Norway,  Poland,  Portugal, San Marino, Slovakia, Slovenia, Spain,  Sweden, Switzerland, Taiwan, Ukraine, United Kingdom

International Experience Canada (IEC) Work Permit

Immigration, Refugees and Citizenship Canada (IRCC) has introduced a temporary public policy that allows sponsored spouses, partners, and their dependent children to work in Canada while their family class sponsorship application is being processed. Previously limited to the inland spousal sponsorship program, this policy extends the issuance of open work permits to individuals applying from outside Canada as well.

Eligibility Requirements For An Open Work Permit​:

1) Principal Applicant:

  • Has submitted a permanent residence application under the spouse or common-law partner in Canada or as a spouse, common-law, or conjugal partner under the family class, which has been accepted for processing by IRCC. 

  • Has submitted a work permit application for a maximum duration of two years. 

  • Is the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law, or conjugal partner. 

  • Shares the same residential address as their sponsor in Canada at the time of the application. 

  • Has valid temporary resident status in Canada or is eligible for and has applied for restoration of status.

​​

OR

​​​

2) Dependent Child: 

  • Has been included as an accompanying family member in the application for permanent residence. 

  • Has submitted a work permit application for a maximum duration of two years. 

  • Shares the same residential address as the principal applicant and their sponsor in Canada at the time of the application. 

  • Has valid temporary resident status in Canada or is eligible for and has applied for restoration of status. ​​

​

​

These open-work permits provide an invaluable opportunity for sponsored spouses, partners, and children to contribute to the Canadian workforce and experience greater financial stability while their permanent residency applications are being processed. ​

​

We are dedicated to helping you navigate the complexities of family class sponsorship and open work permits. contact Brace Law at 905-815-6555 or email staff@bracelaw.ca

bottom of page