You have a candidate and a role to fill. The first question is not which form to complete: it is whether the worker needs a work permit and whether the job needs a Labour Market Impact Assessment (LMIA). Those answers determine which program the employer uses and what the worker must submit.
Lyrika Immigration Services helps Manitoba employers review the hiring route, prepare an LMIA application where required, and coordinate the employer side of an employer-specific work permit. The decision on an LMIA belongs to Employment and Social Development Canada (ESDC); the work permit decision belongs to Immigration, Refugees and Citizenship Canada (IRCC).
Start with three questions
- Does the candidate already have an open work permit? If it is valid and permits this work, an LMIA and an Employer Portal offer are generally not needed to hire them. Check the actual permit conditions, including any restrictions.
- Does a specific LMIA or work permit exemption apply? IRCC lists exemptions, but they depend on the job, candidate and program. An exemption should be identified and documented before using it.
- If no exemption applies, which LMIA stream fits the position? ESDC distinguishes high-wage and low-wage streams using the applicable provincial or territorial wage threshold. The offered wage must also meet the prevailing-wage rules for the occupation and location. Other program restrictions can affect whether an application will be processed.
Do not choose a stream by changing the wage on paper. Compare the real role, duties, location, recruitment plan and pay with the current official requirements.
When an LMIA is needed
The employer generally applies to ESDC under the Temporary Foreign Worker Program. Before filing, check the applicable stream’s rules on business legitimacy, recruitment, advertising, wages, job duties, employment agreement and other obligations. Requirements differ by stream and can change. For a Manitoba role, use our LMIA preparation checklist to identify the provincial registration step as well.
A positive LMIA is not a work permit. If ESDC approves the employer’s application, the worker normally uses the LMIA decision documents to apply to IRCC for an employer-specific work permit. An employer should not plan a start date as though either approval were automatic. See the employer-specific permit steps.
When the position is LMIA-exempt
Many employer-specific permits without an LMIA fall under the International Mobility Program. In most cases, the employer submits the offer of employment through IRCC’s Employer Portal and pays the employer compliance fee before the worker applies. The portal then issues an offer of employment number for the worker’s application. Some employers and situations are exempt from the portal submission or fee, so the exact code and process must be checked.
An open work permit is different: the employer generally does not submit an Employer Portal offer or pay the compliance fee simply to hire a person who already holds one.
Responsibilities continue after hiring
Employers must follow the terms of the approved position and applicable employment laws. Under the Temporary Foreign Worker Program, ESDC may inspect compliance with the LMIA, employment conditions and record-keeping requirements. Recruitment fees cannot be passed on to the worker under the program rules. Keep the records that support the application and actual employment; ESDC specifies a six-year retention period for relevant records under its compliance rules.
If the job, workplace or employment terms change, check the program’s change procedures before assuming the existing LMIA or permit still covers the new arrangement. Our employer compliance guide sets out the records and checks to maintain after hiring.
Questions employers ask
We found a candidate abroad. Can we skip recruitment because the person is already selected?
Not necessarily. If the role needs an LMIA, recruitment and advertising requirements depend on the relevant stream. Establish the route first, then follow its current rules.
Does a positive LMIA let the person start work immediately?
No. It is one stage of the process. The worker generally still needs an approved work permit and must meet the conditions for working in Canada.
Is an LMIA exemption the same as no employer paperwork?
No. Many LMIA-exempt employer-specific routes require a portal offer and compliance fee before the worker applies. Check the exemption and any exception to the portal process.
Talk through the position before filing
Bring the job description, work location, proposed wage, recruitment history, business details and candidate’s current status. We can identify the questions to resolve and the documents the employer will need. An initial consultation costs $180 plus applicable provincial taxes and is separate from application representation. Consultations are available in English and Russian.