When applying for a work permit, employers must demonstrate that they have met all the requirements of the Labour Market Impact Assessment (LMIA) process. One of these requirements is to show that the both the business and job offer is genuine and that there is a need to hire temporary foreign workers in order to fill these positions. Here are some tips on how to prove LMIA business legitimacy when it comes to federal and provincial laws regulating employment.

The Labour Market Impact Assessment application and accompanying additional supporting documents must be carefully assessed by IRCC in order to confirm that your business:

  • has no past compliance issues
  • can fulfill all of the terms of the job offer
  • is providing a good or a service in Canada
  • is offering employment that is consistent with the needs of your business

You must first ensure that you have no previous regulatory breaches with federal or provincial laws in regard to labour regulations or the hiring of staff. If you have had issues with compliance in the past, it will be noted and could negatively affect your application.

Canada Revenue Agency documents

To protect their employees’ personal information, especially Social Insurance Numbers, from theft and misuse, employers must take measures to secure this data. If you’re submitting CRA documents as part of your Labour Market Impact Assessment application package (you must submit your most recent CRA documents), make sure all social insurance numbers are redacted or blacked out.

Canada Revenue Agency

Ability to fulfill terms of the job offer

If you have received a positive LMIA decision in the previous two years and your most recent LMIA approval was positive, you are not required to supply supporting documents proving your capacity to fulfill the conditions of the job offer while submitting an LMIA application.

If you have not received a positive LMIA decision in the past two years to which your most recent decision was positive one, you will need to demonstrate that you can fulfill the demands of the employment offer, you must submit one of the following documents:

  • T2 Schedule 100 Balance sheet information and T2 Schedule 125 Income statement information
  • T2042 Statement of farming activities (redact social insurance number)
  • T2125 Statement of business or professional activities (redact social insurance number)
  • T3010 Registered charity information return
  • T4 or payroll records for a minimum of 6 weeks immediately prior to the submission of this LMIA application, if the temporary foreign worker already works for you (redact social insurance number)
  • an attestation confirming that your business is in good financial standing and will be able to meet all financial obligations to any temporary foreign worker you hire for the entire duration of their employment
  • if you are a foreign employer without a Canada Revenue Agency number whose business address and operation is outside of Canada, you may submit your contract or invoice for the goods or services that you are providing in Canada

For all trucking applications:

Regardless of your previous involvement with the Temporary Foreign Worker Program, if you are applying for trucking jobs using an LMIA, you must submit the following documents with your application:

  • Current copy of your carrier profile / public profile document
  • National safety certificate number, and
  • Current fleet insurance

For all private household employers:

You must submit your most recent Canada Revenue Agency notice of assessment (NOA) and documentation demonstrating that you have more than the low-income cut-off (LICO) calculated by Statistics Canada if you are a family or private household hiring a TFW.

(If you cannot submit your most recent Notice of Assessment (NOA) due to an extenuating circumstance, you may provide a rationale for why your application should still be considered).

Proof of providing a good or service

If you have received a positive LMIA decision in the previous two years and your most recent LMIA decision was positive, you are not required to provide evidence that you are running a business in Canada that provides a good or service.

Other Businesses: To prove that you have a legal business that provides a product or service in Canada, you must submit one of the following documents:

  • municipal/provincial/territorial business license(valid, i.e. not expired)
  • T4 Summary of remuneration paid
  • PD7A Statement of account for current source deductions
  • an attestation confirming that you are engaged in a legal business that provides a good or a service in Canada where an employee could work and a description of the main business activity. Permanent residency stream only, confirmation that the business has been operating for at least one year must also be included in the attestation.
  • if you are a foreign employer without a Canada Revenue Agency number whose business address and operation is outside of Canada, you may submit your contract or invoice for the goods or services that you are providing in Canada
  • a copy of the Coasting Trade letter of authority issued by the Canada Border Services Agency for positions onboard a foreign vessels undertaking coastal trade in Canadian waters

If you wish to hire a foreign worker with particular skill sets to help support their application for permanent residence for Canadian immigration, you must be able to provide evidence that your business has been running for no less than one year. Please note that this does not apply if you are hiring for positions based in Quebec.

Proof of address

All private household employers regardless of your history with the TFW Program

  • Caregiver Positions: If the employer and care recipient live at different addresses, then proof of the care recipient’s address (i.e. where the foreign national will work) must be given. Employers located at the same address as the care recipient are not required to provide proof of residence.
  • Non-Caregiver Positions: If you need a foreign national to work out of your home (i.e., the workplace where the individual will carry out his or her duties), and you do not offer a service or product, proof of address is required.

Proof of Address can come in many forms, such as a driver’s license, utility bill, provincial/territorial identification card, bank statement, CRA notice of assessment or a statement of other government benefits such as CPP, OAS or GIS.

Attestations

If you choose to provide an attestation, these must be prepared by either:

  • A lawyer or any other member in good standing with a legal law society
  • a Chartered Professional Accountant who is in good standing with their professional body (attestations from Chartered Accountants in Quebec are not authorized by the Ordre des comptables professionnels agréés du Québec)

Conclusion

Although the process of obtaining a LMIA is more complex than some other visa options, it can be well worth the effort for businesses that want to ensure their legitimacy and protect their Canadian workforce. By following all of the necessary steps and taking care in compiling your application package, you can give yourself the best chance of success in securing an LMIA for your business.

If you have any questions about the process or would like help putting together your application, please contact us – we’re here to help!