In general, any foreign national wishing to work in Canada must obtain a work permit. Exceptions to this requirement are rare and highly specific. Therefore, it is advisable to consult an immigration professional before assigning tasks to a foreign national without a work permit, even on a trial basis.
To determine the most suitable immigration program for a candidate, three key elements must be evaluated:
These criteria help in identifying whether the candidate qualifies for simplified work permit programs, such as International Experience Canada, or if they need to undergo the standard Labour Market Impact Assessment (LMIA) process.
A member of the Quebec Bar, Me Lemay is a Lawyer specializing in professional mobility. She assists a wide range of clients, including Human Resources managers, professionals, and other foreign workers, with all their immigration needs.
To recruit a candidate, the general rule is to follow the Labour Market Impact Assessment (LMIA) procedure and, in Quebec, to obtain a Quebec Acceptance Certificate (CAQ).
The LMIA is a document that a Canadian employer must obtain before hiring a foreign worker. It represents the government’s authorization for an employer to recruit a foreign worker. A positive LMIA indicates that it is necessary to hire a foreign worker, and that no Canadian citizen or permanent resident is available for the position.
In Canada, applications are submitted to Employment and Social Development Canada (ESDC), which assesses the legitimacy of the business, the job offer, and the impact of hiring a temporary foreign worker on the Canadian labor market. If authorization is granted, it will be valid for six months.
In Quebec, an additional authorization from the provincial government is required through a CAQ application submitted alongside the LMIA.
Once these authorizations are obtained, the candidate can apply for a work permit.
Processing times for LMIA applications range from 7 to 54 days, depending on the stream chosen. As of 2024, the cost of an LMIA application is $1,000, payable by the employer. In Quebec, additional fees of $444 are required to apply for a CAQ.
Different LMIA Streams
There are various LMIA streams depending on the type of position to be filled, each with its own criteria and specifics.
Before choosing the applicable LMIA stream, it is necessary to determine whether the position falls into the high-wage or low-wage category. This is done by comparing the wage offered to the foreign national with the provincial or territorial median wage. For example, in Quebec in 2024, a high wage is set at $27.47 per hour or more. Wages below this amount are considered “low wages”.
Accurately identifying the LMIA category is crucial, as the employer’s obligations and eligibility criteria differ depending on the chosen stream (with some exceptions).
Additionally, the low-wage LMIA program includes the following extra criteria:
The regular LMIA process
If the application does not fall into any other category, it will be submitted through the regular LMIA application process. This process requires the job to be advertised for at least 30 days through at least three different methods to demonstrate that the employer has provided Ca-nadian workers the opportunity to apply before hiring a foreign worker. The job conditions (employer name, workplace location, job title, duties, salary, requirements, training, experi-ence, etc.) must be clearly posted, along with contact information for applying.
However, due to the labor shortage, certain occupations are exempt from the recruitment efforts demonstration requirements until 2025, such as:
Some examples of positions that still require job posting include:
Quebec has significant autonomy in selecting its immigrants and has specific programs to meet its labor needs. The simplified process in Quebec allows employers to recruit without proving that they could not find a Canadian worker for the position through the job posting process.
This simplified process currently covers over 200 professions, significantly facilitating interna-tional recruitment.
Examples of positions identified on Quebec’s simplified process list include:
Depending on the candidate’s profile, there are other options besides the LMIA for obtaining a work permit. For example, the International Experience Canada (IEC) program is specifically designed for young professionals whose countries have agreements with Canada. This includes France and several other European countries.
For these nationals, the IEC program generally offers the possibility to obtain one of the following three types of work permits: the Young Professionals permit, the International Co-op (Internship) permit, and the Working Holiday Visa.
For the Young Professionals permit, young professionals aged between 18 and 35 can obtain a work permit for a maximum duration of 12 to 24 months with the support of a Canadian employer. The proposed job in Canada must be skilled and related to their academic and/or professional background.
Under this program, the Canadian employer is not required to provide an LMIA or CAQ to hire the candidate. However, they must submit an electronic job offer and pay the associated government fees, which are set at $230.
Once the electronic job offer is submitted by the employer and the candidate receives an invitation from the pool, the candidate can then apply for their work permit and benefit from favorable processing times of approximately 8 weeks.
Navigating the process of applying for work permits in Canada and Quebec may seem complex, but it is essential to ensure that foreign workers can be hired legally and efficiently. By understanding the different available options, eligibility criteria, and specific steps, employers can recruit the talent they need while adhering to current regulations. Whether through simplified programs or the LMIA and CAQ procedures, proper planning and preparation enable employers to meet their labor needs while contributing to the economic development of the country and its provinces.
This article contains general information regarding immigration, is intended to provide a general understanding of the terms and does not constitute legal advice. Last updated on the 26th of august 2024.
Immetis is a law firm dedicated to business immigration and professional mobility.
Highly recognized, Immetis serves a broad clientele of companies facing labor shortages and seeking international recruitment for all their related needs. Immetis is notably by their side to assist them in finding the best immigration strategies, providing comprehensive and high-standard preparation of work permit applications in Canada, and addressing any compliance issues.
The firm also operates immijob.com, a job site that connects foreign workers with Quebec employers.