Canada’s Labour Market Impact Assessment (LMIA) is a critical requirement for many employers looking to hire foreign workers. The LMIA ensures that hiring a foreign national will have a positive or neutral impact on the Canadian labour market. While getting LMIA approval can be a significant relief for employers, it’s not the final step in the process. In fact, the steps that follow the LMIA approval are just as important, and overlooking them can cause unnecessary delays or complications in the hiring process.

In this blog, we will walk you through what happens after LMIA approval, from next steps for the employer to what the foreign worker needs to do. Understanding these processes will help Canadian businesses remain compliant and ensure a smooth hiring experience.

1. Understanding LMIA Approval

The first thing to know about LMIA approval is that it signifies that the government has reviewed the employer’s application and has determined that there are no Canadian citizens or permanent residents available to fill the position. The approval typically comes with specific instructions or conditions that the employer and the foreign worker must follow.

LMIA approval is generally job-specific, and it does not mean that the foreign worker can start working immediately. There are still several more steps to complete before the foreign worker can begin employment in Canada, particularly if the foreign worker is outside of the country.

2. Next Steps for Employers After LMIA Approval

Once you, as the employer, have received the LMIA approval, your focus should shift to supporting the foreign worker in obtaining the necessary work permit. Here are the critical steps you need to follow:

a) Provide the Worker with a Copy of the LMIA Decision Letter

One of the first things you need to do after LMIA approval is to provide the foreign worker with a copy of the LMIA decision letter. This document will be used by the foreign worker when applying for a work permit. It’s essential that the worker has this document because it confirms that your job offer has been approved by Employment and Social Development Canada (ESDC).

b) Ensure Compliance with LMIA Conditions

As an employer, it is your responsibility to ensure that you comply with all the conditions set out in the LMIA approval. These conditions may include aspects such as:

• The wage you agreed to pay the foreign worker

• The terms of employment (full-time, part-time, temporary, etc.)

• Adherence to Canadian labour laws and standards

• The length of employment specified in the LMIA

Failing to meet these conditions could lead to penalties, including fines or being barred from hiring foreign workers in the future.

c) Assist the Worker with Work Permit Application

The LMIA approval is only part of the puzzle. The foreign worker must apply for a work permit to legally work in Canada. As an employer, you should assist your worker by providing them with all the necessary documentation for their work permit application. These documents typically include:

• The LMIA decision letter

• The job offer letter

• Proof of compliance with any requirements such as accommodation, health insurance, or transportation, as applicable

The work permit application process can vary depending on the country where the foreign worker is located, so ensure you provide your worker with clear guidance.

d) Preparing for the Arrival of the Worker

Once the work permit is approved, the next step is to prepare for the arrival of your worker. This may involve helping the worker with logistics, such as travel arrangements, accommodation, and settling into their new role. It’s important to make sure everything is in place so the worker can hit the ground running as soon as they arrive.

If the foreign worker is already in Canada under another status (such as a student or visitor), they will still need to wait for the work permit to be issued before they can start working for you.

3. Next Steps for Foreign Workers After LMIA Approval

The LMIA approval process doesn’t just impact employers; it also has significant implications for the foreign worker. Here’s what they need to do next:

a) Apply for a Work Permit

After receiving the LMIA approval from the employer, the foreign worker must apply for a work permit, which allows them to legally work in Canada under the terms approved in the LMIA. To apply for the permit, the worker will need:

• A copy of the LMIA decision letter

• A valid passport

• Medical exam results (if required)

• Biometrics (in some cases)

The work permit application is typically submitted online through Immigration, Refugees and Citizenship Canada (IRCC), although some applicants may be able to apply at a port of entry, depending on their nationality.

b) Wait for Work Permit Processing

Work permit processing times can vary significantly depending on the worker’s country of origin. It’s crucial that the worker applies as early as possible, as delays in the processing of work permits can affect their start date. The worker can check the status of their application through their IRCC account.

c) Gather Supporting Documents

Depending on the worker’s situation, they may need additional documents, such as a police clearance certificate, medical examination results, or proof of educational qualifications. These requirements will depend on the nature of the job and the worker’s country of origin.

d) Prepare for Entry into Canada

Once the work permit is approved, the foreign worker will receive a Port of Entry (POE) letter, which they must present when entering Canada. It’s important that the worker is prepared to present the following documents at the border:

• A valid passport

• The POE letter

• A copy of the LMIA decision letter

• Any other supporting documents (e.g., medical exam results, proof of accommodation)

The final decision to issue a work permit is made by a border services officer upon the worker’s arrival in Canada.

4. Common Pitfalls and How to Avoid Them

Employers and foreign workers alike can encounter several common issues after LMIA approval. To avoid complications, it’s important to be aware of the following pitfalls:

a) Delays in Work Permit Processing

One of the most common issues is delays in work permit processing, which can arise due to incomplete applications, missing documentation, or high application volumes. Employers should encourage workers to apply as early as possible and ensure all required documentation is complete.

b) Non-compliance with LMIA Conditions

Employers need to be vigilant about complying with the terms set out in the LMIA approval. Failing to meet wage, working condition, or employment duration requirements can result in serious consequences. Regular audits and checks should be in place to ensure compliance.

c) Miscommunication Between Employers and Workers

Clear communication between employers and workers is key to avoiding misunderstandings. Both parties should be clear on expectations regarding job duties, wages, and start dates. Employers should provide workers with comprehensive details to avoid any confusion during the work permit application process.

5. Conclusion: Ensuring a Smooth Transition Post-LMIA Approval

Getting LMIA approval is a significant achievement, but it’s not the end of the road. Employers and foreign workers need to collaborate closely to ensure all the necessary steps are completed smoothly. From applying for work permits to ensuring compliance with Canadian labour laws, it’s important to stay organised and proactive throughout the process.

Employers should provide workers with all the necessary support to navigate their work permit applications, while workers must ensure they meet all the conditions and submit their applications promptly. By working together, both parties can enjoy a successful hiring experience and contribute positively to Canada’s labour market.