Arshdeep Singh kahlon

An LMIA-based work permit is a closed work permit that allows foreign workers to legally work in Canada under a specific employer. This type of work permit is granted only when a Canadian employer receives a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). While the LMIA serves as proof that hiring a foreign worker will not negatively impact the Canadian labour market, the work permit application is a separate and complex process that requires careful preparation.

At Kahlon Law Office, we specialize in guiding both employers and foreign workers through the LMIA-based work permit application process, ensuring compliance with Immigration, Refugees and Citizenship Canada (IRCC) requirements and addressing any legal hurdles that may arise.

Who needs an LMIA-Based Work Permit?

A foreign worker must apply for an LMIA-based work permit if:

They have received a valid job offer from a Canadian employer with a positive LMIA.
They do not qualify for an LMIA-exempt work permit under the International Mobility Program (e.g., intra-company transfers, NAFTA, CETA, or Post-Graduation Work Permit).
They require a closed work permit, meaning they can only work for the employer who sponsored their LMIA.

What is the step-by-step process for an LMIA-based work permit application?

1. Obtain a positive LMIA & job offer letter:

Before a foreign worker can apply for a work permit, the employer must secure a positive LMIA. The employer must provide the worker with:

LMIA Decision Letter from ESDC.
Job Offer Letter detailing wages, job duties, and employment conditions.
Contract (if applicable) outlining terms of employment.

2. Prepare and submit the work permit application:

Once the worker has these documents, they must apply for a work permit with Immigration, Refugees and Citizenship Canada (IRCC). The application includes:

A completed work permit application form (IMM 1295 if outside Canada, IMM 5710 if inside Canada).
LMIA Decision Letter and Job Offer Letter.
Proof of qualifications, including education credentials, professional licenses, and relevant work experience.
Police clearance certificate to show admissibility (depending on country of residence).
Medical examination results (for jobs in healthcare, child care, or agriculture).
Proof of language proficiency (if applicable, based on job requirements).
Biometrics and processing fees.

3. IRCC review and decision:

IRCC will assess the application based on:

The genuineness of the job offer.
The qualifications and experience of the foreign worker.
Whether the employment meets Canadian wage and labour standards.
The worker’s admissibility (criminal, medical, and security background checks).

Once approved, the foreign worker will receive a work permit specifying the employer, position, and location where they are authorized to work.

What is the recent case law on LMIA-based work permit applications?

The legal landscape surrounding LMIA-based work permits has been shaped by several recent case laws, which highlight common challenges and key legal principles:

1. Singh v. Canada (Citizenship and Immigration), 2023 FC 922:

Issue: Refusal of a work permit despite a positive LMIA due to concerns about the genuineness of the job offer.

Outcome: The Federal Court ruled that IRCC must provide clear reasons when questioning the authenticity of a job offer. The court found that the officer failed to properly assess the employer’s credibility and the worker’s qualifications, leading to an unfair refusal.

Key Takeaway: A positive LMIA does not guarantee work permit approval. Employers must provide detailed job descriptions and ensure that workers meet all eligibility criteria.

2. Ahmad v. Canada (Minister of Citizenship and Immigration), 2024 FC 115:

Issue: Work permit refused because the applicant was deemed overqualified for the job.

Outcome: The Federal Court found that IRCC officers cannot arbitrarily refuse a work permit based on a worker’s overqualification unless there is evidence of misrepresentation. The refusal was overturned.

Key Takeaway: Overqualification is not a valid reason for refusal, provided the job is genuine and aligns with the employer’s business needs.

3. Patel v. Canada (Citizenship and Immigration), 2024 FC 301:

Issue: Work permit refused because the employer had previously failed a compliance audit.

Outcome: The court held that past non-compliance by an employer does not automatically disqualify future LMIA applications, but ESDC and IRCC must assess whether corrective measures were taken.

Key Takeaway: Employers should maintain strict compliance with LMIA conditions to avoid jeopardizing future applications.

What are the common challenges and how can you overcome them?

❌ Work Permit Refusal Due to Genuineness Concerns:
✔️ Solution: Provide strong evidence of a legitimate job offer, including business financials, proof of operations, and past hiring practices.

❌ Delays in Processing Due to Missing Documents:
✔️ Solution: Ensure that all required supporting documents are included at the time of submission.

❌ Issues with Employer Compliance:
✔️ Solution: Employers must strictly adhere to labour laws and keep accurate records to avoid compliance audits and work permit refusals.

What LMIA-exempt work permits do we assist with?

Not all foreign workers require an LMIA to obtain a work permit. Some work permits fall under LMIA-exempt categories, and we assist in securing these work permits through:

Intra-Company Transfers (ICT) Work Permits:
- For multinational companies transferring employees to their Canadian branches.
- Available for executives, managers, and specialized knowledge workers.
- No LMIA required, but employer eligibility criteria must be met.
International Free Trade Agreements Work Permits:
Certain professionals, investors, and intra-company transferees may qualify under trade agreements such as:
- Canada-United States-Mexico Agreement (CUSMA).
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA).
- Other international agreements with LMIA exemptions.
Post-Graduation Work Permits (PGWP):
- Available to international students who graduate from designated Canadian institutions.
- Open work permit – no LMIA required.
Bridging Open Work Permits (BOWP):
- For individuals awaiting permanent residency approval under specific immigration programs.
- Allows continued work in Canada without an LMIA.
Spousal Open Work Permits (SOWP):
- Available to spouses of skilled workers and international students.
- No employer restriction, allowing flexibility in employment.
Significant Benefit Work Permits:
- Available for individuals who can demonstrate their work in Canada will provide significant social, economic, or cultural benefits.

Why choose Kahlon Law Office?

At Kahlon Law Office, we specialize in LMIA-based work permits, helping both employers and foreign workers navigate the complex immigration process. Our services include:

Work Permit Application Preparation: Ensuring a complete and compelling submission to IRCC.
Refusals & Appeals: Challenging unfair work permit refusals using recent case law and legal arguments.
Employer Compliance Support: Helping businesses maintain compliance with ESDC and IRCC requirements.
Permanent Residency Support: Assisting workers in leveraging LMIA approvals for Express Entry or Provincial Nominee Programs (PNP).

LMIA-based Work Permit

Who needs an LMIA-Based Work Permit?

What is the step-by-step process for an LMIA-based work permit application?

What is the recent case law on LMIA-based work permit applications?

What are the common challenges and how can you overcome them?

What LMIA-exempt work permits do we assist with?

Why choose Kahlon Law Office?

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