Some foreign workers can apply for TFWP permits without LMIA, i.e., certain foreign workers in Canada may be able to apply for a work permit under the Temporary Foreign Worker Program (TFWP) even if their employer does not yet have a positive or neutral Labour Market Impact Assessment (LMIA).
This option is available to workers who already have valid work status in Canada. It can be especially helpful when a worker’s current permit is close to expiring and the employer is still waiting for an LMIA decision. LMIA processing times can often take two to three months, which may not match a worker’s permit expiry date.
Applying For A TFWP Work Permit While The LMIA Is In Process
Immigration, Refugees and Citizenship Canada (IRCC) allows something called concurrent processing. Under this measure, a foreign worker can submit a TFWP work permit application while the employer’s LMIA application is still being processed.
Under normal rules, an employer must first receive a positive or neutral LMIA before a worker can apply for a TFWP work permit. Concurrent processing is an exception to this standard rule.
To qualify for this exception, the following conditions must be met:
- The worker’s current work permit expires in two weeks or less; and
- The employer submitted the LMIA application with enough advance notice.
Once the work permit application is submitted, if the existing permit expires before a new one is issued, the worker may benefit from maintained status. As long as the worker remains in Canada, they may continue working under the same conditions as the expired permit while IRCC processes the new application.
Additional Time To Submit The LMIA
When applying under concurrent processing, IRCC provides an extra 60 days to submit proof that the employer received a positive LMIA.
If proof of a positive or neutral LMIA is not provided within this 60-day period, the work permit application may be refused.
Low-Wage LMIA Processing Pause
There is currently a pause on processing LMIAs under the low-wage stream of the TFWP.
If a job falls under the high-wage stream, the employer can apply for an LMIA regardless of the job’s location in Canada.
If a job falls under the low-wage stream, the employer cannot apply for an LMIA if the position is located in a region with an unemployment rate of 6% or higher, unless the job is listed as an exempt occupation.
Wage Requirements For High-Wage LMIAs
At the time of writing, to qualify under the high-wage stream, the job must offer at least the higher of the following:
- The wage threshold set for the province where the job is located; or
- The wage range paid to other employees working for the same employer, in the same role, at the same location, and with similar experience.
In addition, the wage offered must be higher than the prevailing wage listed in Canada’s Job Bank. This wage is determined using the occupation’s National Occupation Classification (NOC) code and the region where the job is located.
Regions Affected By The Low-Wage LMIA Pause
As of the time of writing, the following regions are included in the low-wage LMIA processing pause:
- St. John’s, Newfoundland and Labrador
- Ottawa-Gatineau, Ontario/Quebec
- Belleville – Quinte West, Ontario
- Oshawa, Ontario
- Toronto, Ontario
- Hamilton, Ontario
- St. Catharines–Niagara, Ontario
- Kitchener–Cambridge–Waterloo, Ontario
- Brantford, Ontario
- Guelph, Ontario
- London, Ontario
- Windsor, Ontario
- Barrie, Ontario
- Greater Sudbury, Ontario
- Regina, Saskatchewan
- Lethbridge, Alberta
- Calgary, Alberta
- Red Deer, Alberta
- Edmonton, Alberta
- Kelowna, British Columbia
- Kamloops, British Columbia
- Chilliwack, British Columbia
- Abbotsford–Mission, British Columbia
- Nanaimo, British Columbia
When Concurrent Processing Should Be Used?
Whenever possible, IRCC recommends that employers secure a positive or neutral LMIA well before a worker needs to apply for a new TFWP work permit.
IRCC generally advises applying for a new work permit at least 30 days before the current permit expires.
Concurrent processing should only be used when the employer is unable to obtain the LMIA in time. In these cases, the employer should still submit the LMIA application as early as possible. This helps show that the LMIA was filed with sufficient advance notice.
IRCC allows concurrent processing only in limited situations. If the LMIA application was submitted immediately before the work permit application, approval is less likely unless there are exceptional circumstances.
In many cases, employers must also complete advertising requirements before submitting an LMIA application. These requirements usually last 28 days, which should be considered when planning timelines.
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