Immigration for employers
Hiring from abroad starts before the job offer.
Immigration rules determine who you can hire, how quickly and for how long. Better to know before you commit to a candidate.
The starting point
The first question isn't "which form"
It's: does this position, in this province, for this candidate, require an LMIA or fall under an exemption? The answer changes the timeline, the cost and sometimes whether the hire is feasible at all.
- How the position is classified (TEER) and the province of work
- The candidate's nationality and applicable agreements
- The horizon: temporary hire, or retention through permanent residence
Standard pathway
LMIA — Labour Market Impact Assessment
The employer shows that it needs a foreign worker and that the hire won't harm the Canadian labour market. The process requires documented recruitment efforts and a wage that meets the standards. A refused LMIA prevents the candidate from obtaining a work permit.
- Checking the eligibility of the position and the wage
- Preparing and filing the LMIA application
- Coordinating with the candidate's work permit
A Québec advantage
Facilitated process in Québec
For occupations on Québec's facilitated process list, some recruitment requirements are relaxed. Finding out whether your position is on the list is one of the most cost-effective steps before recruiting.
In Québec, the LMIA is processed jointly by Service Canada and the MIFI, and a CAQ for workers may be added. See the Québec page.
LMIA exemption
Francophone Mobility
In eligible cases, this program lets you hire a French-speaking worker without an LMIA, saving considerable time.
Key nuance: this exemption applies to jobs outside Québec. A Québec employer can't use it for a position located in Québec.
Other pathways
Work permits and exemptions
- Intra-company transfers: transferring an employee from a related company abroad
- Trade agreements: special provisions depending on occupation and nationality
- Canadian graduates: holders of a post-graduation work permit
- Spouses of workers or students: an open work permit, depending on the case
Often faster than an LMIA, each of these pathways has strict conditions.
After the hire
Employer compliance
Employers of temporary foreign workers can be inspected. A gap between what was declared and what actually happens (wage, position, working conditions) can lead to financial penalties and a ban on hiring foreign workers.
- Review of the obligations that apply to you
- Records to keep and permit expiry dates to track
- Support during an inspection
Frequently asked questions from employers
How long before my candidate can start?
It depends entirely on the applicable pathway. An LMIA-exempt hire and a hire requiring a full LMIA aren't comparable. It's the first thing we determine, before any commitment.
What happens if my LMIA is refused?
The candidate can't obtain the related work permit. Depending on the reason, it may be possible to fix the issue and reapply, or to explore another pathway. The first step is to understand the exact reason given.
Let's talk about the position before you start recruiting.
Checking early costs far less than a refused LMIA or a hire that can't go ahead.