Employment and Social development Canada (ESDC) may not process your application for Labour Market Impact Assessment (LMIA) because of:
- Regulatory Reasons
- Public policy considerations in ministerial instructions
ESDC does not have the authority to process applications from ineligible employers for the Temporary Foreign Worker Program who:
- regularly offer services in the sex industry (striptease, erotic dance, escort services or erotic massage)
- are on the Immigration, Refugees and Citizenship Canada ineligibility list which includes employers who:
- have been found non-compliant as result of an employer compliance review
- have been banned from the Temporary Foreign Worker Program because non-compliance was discovered during an inspection
- are in default of payment of an administrative monetary penalty
As a result of public policy considerations as determined in Ministerial instructions, ESDC may refuse to process your LMIA application for:
- certain low-wage positions in the accommodation and food services and retail trade sectors
- low-wage positions above the current cap
- certain high-wage and low-wage occupations in the province of Alberta
- in-home caregiver positions where there is a live-in requirement
- any position if you have had a Labour Market Impact Assessment revoked in the past 2 years
Low-wage positions in accommodation and food services and retail trade sectors
ESDC will not process your application when all three of the following conditions apply:
- Position is in an economic region with an unemployment rate of 6% or higher (as defined by the Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign Worker Program);
- Position is in the Accommodation and food services sector (North American Industry Classification System (NAICS) code 72) or Retail trades sector (NAICS codes 44 to 45); and
- Position is classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612.
Low-wage positions above the current cap
ESDC will not process your application if you are above the current cap on the proportion of low-wage temporary foreign workers for the same positions at the same work location.
Most positions in the province of Alberta
All new and pending LMIAs for positions in Alberta must be on the list of exempt occupations to be eligible for processing. Until further notice, ESDC will refuse to process LMIAs if the position you are looking to fill is not listed, unless you qualify for exemption.
Exemptions to the Alberta refusal to process
Your LMIA will be exempt from the Alberta Refusal to Process if
- You are seeking to hire a TFW for 30 calendar days or less of employment duration for:
- Work that requires a specialist with proprietary knowledge and/or experience related to the work to be performed; or,
- Work that entails installation, inspection or repair of equipment, whereby the warranty requires the work to be done by workers designated by a manufacturer.
- It is an Express Entry application in support of permanent residence or dual intent.
- It is submitted under the Global Talent Stream and deemed eligible.
In-home Caregiver positions
ESDC will not process your application for In-home Caregiver positions, where there is a live-in requirement, that:
- are classified under the NAICS as a Private household (NAICS 814)
- are classified under the NOC codes 3012, 3233, 4411 or 4412
- have been advertised and indicated on the Labour Market Impact Assessment application as being sought to fill positions, where there is a live-in requirement
Exceptions to refusal to process LMIA applications for in-home Caregiver positions
High medical needs clients
If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical needs clients (for example people with disabilities, seniors, individuals with chronic or terminal illnesses), you must submit either:
- a physician’s note certifying both the medical condition and the need for live-in care
- Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600)
You must submit a written rationale for possible exemption for exceptional circumstances as part of the Housing section of the Labour Market Impact Assessment application form. The rationale must include:
- a clear explanation of why live-in care is required
- how frequently the situation necessitating live-in care occurs
- to what degree you can influence this frequency
- a description of what other options were explored in order to meet the need for care and why they were deemed not viable
- how you will ensure fair working conditions for the in-home caregiver, despite the live-in requirement
Service Canada may refuse to process your LMIA application for any position if you have had an application revoked in the past two years for having provided false, misleading or inaccurate information.
You will not be charged the processing fee, if ESDC had to refuse to process your LMIA application or if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your application was not processed.
Get in Touch for more information or for applying for a LMIA or/and help your workers apply for a work permit.