Questions and answers
- When do LMIAs expire?
- What's the difference between the LMIA expiry date, work duration and work permit expiry date?
- What about job offers that start more than 12 months after the LMIA is issued?
- Can ESDC/Service Canada issue an LMIA with an expiry date of less than 12 months?
- Do employers have to wait until they've recruited a foreign worker to apply for an LMIA?
- Does the maximum 12-month expiry apply to all streams of the Temporary Foreign Worker Program?
1. When do LMIAs expire?
Until April 30, 2024, a Labour Market Impact Assessment (LMIA) is valid up to 12 months after it's issued. As of May 1, 2024, an LMIA will be valid up to 6 months after it's issued.
The LMIA expiry date is the period during which:
- employers must notify the temporary foreign worker (TFW) that the LMIA was approved
- employers must send the positive LMIA letter to the TFW
- TFWs must apply for a work permit at Immigration, Refugees and Citizenship Canada (IRCC)
- employers who don't provide the names of the TFWs when applying for an LMIA must continue to try and recruit Canadians and permanent residents until they choose a TFW
If the steps above don't happen within the validity period, the LMIA is no longer valid and employers must submit a new LMIA application to hire a TFW.
2. What's the difference between the LMIA expiry date, work duration and work permit expiry date?
- The LMIA expiry date is the date by which the TFW must have applied for a work permit. If the TFW hasn't applied by that date, the LMIA is no longer valid and employers must apply for a new LMIA to hire a TFW
- The work duration is based on Employment and Social Development Canada (ESDC)/Service Canada's assessment of an LMIA application. It's the recommended length of time that a work permit could be issued to a TFW without negatively impacting the Canadian labour market
- The work permit expiry date is determined by IRCC when the TFW applies for a work permit. It indicates how long the TFW will be allowed to work and reside in Canada
3. What about job offers that start more than 12 months after the LMIA is issued?
Jobs can start after the expiry date, but TFWs must submit their work permit application before the expiry date identified on the LMIA. Employers are also expected to try and recruit Canadians and permanent residents until all positions identified on the LMIA have been filled or the LMIA expires.
4. Can ESDC/Service Canada issue an LMIA with an expiry date of less than 12 months?
Yes. ESDC/Service Canada can issue an LMIA that expires in less than 12 months (for example, short employment period related to emergency or warranty work).
5. Do employers have to wait until they've recruited a foreign worker to apply for an LMIA?
No. Most employers don't have to include the worker's name for ESDC/Service Canada to evaluate their LMIA application. However, these employers must continue to advertise the position to recruit Canadians or permanent residents until they've chosen a TFW. They must provide the name of the TFW and other relevant information before the LMIA expires.
There are some exceptions where employers can't apply for an unnamed LMIA. These exceptions depend on the stream the application is being submitted under and the province/territory where the job is located.
6. Does the maximum 12-month validity apply to all streams of the Temporary Foreign Worker Program?
The 12-month validity period applies to all program streams across all provinces and territories, except the Seasonal Agricultural Worker Program (SAWP).
