LMIA for PR (Express Entry)

Essential Aspects of LMIA to Support Permanent Residency

In this article, we provide a detailed discussion of the characteristics of the Labour Market Impact Assessment (LMIA) that supports a foreign national's permanent residence visa (PR). For those exploring various options, beginning with an overview and comparison of the different LMIA streams might be helpful.

An LMIA for PR can assist foreign workers in becoming permanent residents and compels a Canadian firm to hire them once their permanent residence visa is approved.

When employers file an LMIA for PR, they are essentially confirming their commitment to providing a full-time permanent job to a foreign national when they become Canadian permanent residents. Depending on the nature of the job, this commitment under the approved LMIA can add between 50 and 200 points to the applicant's profile in the Express Entry pool. Consequently, it's sometimes referred to as LMIA for Express Entry. With these additional LMIA points, the candidate stands a better chance of receiving an invitation from the government to apply for Canadian permanent residency.

Firms have a few options to support a permanent residence visa application through LMIA. 

• If a foreign national is outside of Canada and the firm wishes to bring them to Canada before they immigrate, they can file a Dual Intent LMIA. This allows the foreign national to apply for a work permit while also waiting for permanent residence. This could be a viable option for retaining a foreign worker already in Canada whose work permit is expiring and who is seeking permanent residency. 
• If a firm intends to hire a foreign national only on the condition of their becoming permanent residents, then the sole use of LMIA for PR would be the best option. This option does not have a processing fee and is also exempt from the transition plan requirement.

In this article, we discuss all aspects of sponsoring a foreign national for permanent residence in Canada.

Checklist to Determine if a Business Can Support a Foreign Worker for PR through LMIA

This checklist outlines the primary criteria – such as business status, occupation, wage, and duration of the job offer – that determine whether a business can support a foreign worker's permanent residence visa application through an LMIA, thereby adding additional points. If you answer 'yes' to all the following questions, you may consider using a Dual Intent LMIA or an LMIA for PR to hire foreign workers.

• Your business has been operational for at least one year and is in good financial standing, which includes providing goods or services and being capable of paying salaries and fulfilling other employment terms for foreign workers.
• Eligible occupations: TEER 0, 1, 2, 3 from the NOC. (TEER 0: Management occupations. TEER 1: Occupations typically requiring a university degree. TEER 2: Occupations typically requiring a college diploma, an apprenticeship training of 2 or more years, or supervisory roles. TEER 3: Occupations typically requiring a college diploma, apprenticeship training of less than 2 years, or more than 6 months of on-the-job training.)
• Eligible programs: Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program.
• Job offer wage: Must be equal to or higher than the median wage for the occupation in the job location, or the wage paid to other employees in the same job and location, if higher.
• Job offer employment duration: Must be at least for one year after a foreign national becomes a permanent resident (considered permanent).

So, candidates in the Express Entry Pool waiting for an invitation may be selected in any of the monthly Invitation Rounds.

When is an Employer Required to Hire a TFW under LMIA for PR?

In the context of the LMIA for supporting permanent residency, a business agrees to hire a foreign national only upon their acquisition of a permanent residency visa. 

This process involves several steps. First, the foreign worker must create a profile in the Express Entry pool of candidates and may claim an additional 50 or 200 points for having a valid job offer, which is evidenced by an LMIA for Express Entry. It's important that they do this and apply for permanent residency while the LMIA confirmation letter remains valid. Currently, LMIAs are valid for 6 months, within which time the foreign national must submit their application for permanent residence. Once the individual obtains permanent residency, the employer is obligated to hire and retain them for a minimum of one year. If the foreign national’s application for permanent residence is unsuccessful, then the employer is no longer bound by this obligation.

Companies that support applications for both a work permit and a permanent residence visa (Dual Intent LMIA) will hire a foreign worker as soon as their work permit is approved, even before PR approval. For instance, if a temporary foreign worker is currently employed by a business and an employer has obtained a new positive LMIA to support both the renewal of a work permit and a permanent residence application, the terms of their ongoing employment will be governed by the current work permit. Once they acquire permanent resident status or receive new work permits, the terms of employment may be revised to align with the approved LMIA that supports either a permanent residence visa, a work permit, or both. Like all other LMIA streams, firms hiring foreign workers must comply with the terms outlined in the job offer.

Maximum Employment Duration Under Dual Intent LMIA

The maximum employment duration for a work permit under the Dual Intent LMIA is 3 years for a high-wage job and 1 year for a low-wage job.

Permanent Resident Stream LMIA Processing Time

The processing time for an LMIA for PR by the Employment and Social Development Canada (ESDC)/Service Canada is approximately 24 weeks.

Businesses that are only supporting the permanent resident visa of a foreign worker are exempt from paying the LMIA processing fee of CAD 1,000.

Start LMIA 

Depending on business conditions, stages, and needs, there are specific steps to follow in the LMIA process.

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-647-493-5205 or email info@leromlaw.com for additional information you need to start the process.