5. Apply for a Labour Market Impact Assessment
Employers who want to hire a foreign worker must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.
In essence, employers are applying for an opinion on the impact that hiring a foreign worker would have on Canada’s job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.
Provincial/territorial variations to the application process
If the job is located in the province of:
- Alberta – Employers must provide the Employment Agency Business Licence (if applicable).
- British Columbia – Employers must provide the Employment Agency Licence (if applicable).
- Manitoba – Employers must apply for a Certificate of Registration at Manitoba’s Employment Standards Branch, Business Registration Unit, before sending the LMIA application to ESDC/Service Canada.
- Nova Scotia – Employers must:
- Quebec – The FSWP, FSTP and CEC do not apply to positions in this province as it manages its own program under the Quebec Skilled Worker Class (French only)
- Saskatchewan – Employers must:
- use the services of a licensed recruiter (if using a recruiter);
- register with the Ministry of the Economy – Immigration Services
How to apply
Employers must follow this step-by-step checklist to ensure that all the documents required are submitted, otherwise there will be delays in processing the application.
Complete, sign (where applicable) and submit the following documents:
- LMIA Application Form (EMP5593).
- Employers must provide the name of the foreign national they wish to hire at the time they submit their LMIA application.
- The processing fee does not apply to employers choosing ONLY to support a foreign national’s application for a permanent resident visa.
- Schedule A – Appointment of a Third Party Representative (EMP5575) (if applicable).
- Schedule B – Impact on the Canadian Labour Market (EMP5578) (if applicable).
- Schedule D – Skilled Trades Job Offer – Employer #2 (EMP5595) (if applicable).
- Job offer (signed by the employer and the foreign worker).
- Proof of recruitment (e.g. copy of advertisement and information to support where, when and for how long the position was advertised)
- Business registration or legal incorporation documents (if first LMIA application).
- Provincial/territorial/municipal business licence (where applicable and if first LMIA application).
- Canada Revenue Agency (CRA) documents, including:
- T4 Summary of Remuneration Paid (most current year ending)
- PD7A Statement of Account for current source deductions (for 12-month period preceding LMIA application).
- CRA Schedules 100 and 125 – T2 Corporation Income Tax Return (for corporations only – 2 most recent returns filed).
- T2125 Statement of Business or Professional Activities (for sole proprietorships/partnerships – 2 most recent returns filed)
- Commercial lease agreement (if applicable).
- Provincial documentation requirements:
- Alberta – Employment Agency Business Licence (Alberta’s Fair Trading Act), if applicable
- British Columbia – Employment Agency Licence (British Columbia’s Employment Standards Act), if applicable.
- Manitoba – Certificate of Registration (Manitoba’s Worker Recruitment and Protection Act).
- Nova Scotia –Employer Registration Certificate (Labour Standards Code)
- Saskatchewan – Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required, however employers must be registered).
Employers must send all required documentation to the Service Canada Centre responsible for processing skilled workers applications.
A complete application means that employers have:
- filled out all of the fields in all of the necessary forms;
- included all of the required documentation;
- signed the forms where required; and
- submitted the fee payment with the application (if applicable).
If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.