LMIA – Transition Plan for Temporary Foreign Worker Under High Wage Category

by | Nov 15, 2023

Temporary foreign workers play a crucial role in various industries worldwide, contributing to economic growth and filling essential roles in sectors where there may be a shortage of skilled labour that the Canadian population cannot meet.

What is a Labour Market Assessment

A LMIA, short for Labour Market Impact Assessment, is a crucial document that Canadian employers must obtain to bring foreign workers into the country. It is important to note that hiring a foreign worker should be the last resort for the employer, as the Canadian government prioritizes Canadian citizens and permanent residents for available job positions. 

To be eligible to hire a foreign worker, the employer must first demonstrate their efforts to recruit Canadian citizens or permanent residents for the job position. Service Canada, the government agency responsible for approving LMIA applications, will evaluate the employer’s recruitment efforts to determine if there is a genuine need for a foreign worker. 

If Service Canada is satisfied with the employer’s recruitment efforts and approves the LMIA application, the employer will receive a Positive LMIA. This document indicates that the employer has proven to the Canadian government that there are no qualified Canadian citizens or permanent residents available for the job position, thus justifying the hiring of a foreign worker. 

With the Positive LMIA in hand, the foreign worker can then apply for a work permit to enter Canada and start working for the employer. The work permit application must include the confirmation letter, job offer letter, and employment contract to ensure that all parties are in agreement with the terms and conditions of the job offer. 

It is essential for the employer and the foreign worker to comply with all the requirements set forth by the Canadian government to ensure a smooth and successful hiring process.

What is a transition plan?

A transition plan is an important tool for employers who wish to ensure a smooth and efficient switch to a substantial Canadian workforce. It is essentially a roadmap that outlines the various activities that an employer will undertake for the duration of the LMIA (Labour Market Impact Assessment) or work permits.

Under the transition plan requirement, employers are required to provide at least three distinct activities that are aimed at recruiting, retaining and/or training Canadians or Permanent Residents. In addition to these activities, employers are also required to include one additional activity that specifically targets underrepresented groups such as new immigrants, Indigenous people, or people with disabilities. Alternatively, employers can provide one activity that is aimed at facilitating their temporary foreign worker’s permanent residence in Canada.

The transition plan requirement is an important aspect of Canadian immigration policy, as it encourages employers to prioritize the recruitment, retention, and training of Canadian and Permanent Resident workers. By doing so, employers can help to ensure that Canadian workers are given priority in the labour market, while also providing opportunities for underrepresented groups to gain meaningful employment and contribute to Canada’s economy.

Transition plan exemptions

Transition plan requirements do not apply if you are requesting the following:

  • In-home caregiver or health care provider positions
  • A position under the Seasonal Agricultural Worker Program
  • A position with unique skills or traits that belong to a specific individual and are not readily available in Canada

Check out the Government of Canada’s website to learn more about official exemptions.

The LMIA process and transition plan requirements are critical components of Canadian immigration policy. Employers must demonstrate that they have made significant efforts to recruit Canadian citizens or permanent residents before considering hiring a foreign worker. The transition plan requirement further incentivizes employers to prioritize the recruitment, retention, and training of Canadian workers while also providing opportunities for underrepresented groups. By complying with these requirements, employers can contribute to Canada’s economy and ensure that the hiring process is smooth and successful for all parties involved.