March 29, 2016
We updated this publication on May 17, 2023.
Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers applying for a LMIA must generally satisfy minimum advertising requirements, an arduous and expensive process. But there are exemptions to this advertising requirement – including one when the work the Temporary Foreign Worker will perform requires a specialist with proprietary knowledge and/or experience related to that work, the duration of the work is limited and there is no opportunity for Canadians to be trained. There’s no legislative authority for this or any exemptions; they are provided for in a policy manual written by Employment and Social Development Canada (ESDC). All that’s currently available about them is vague information listed on the ESDC’s website, although the federal government has promised an updated owner/operator manual for some time. In the meantime, here’s a look at the specialized service provider exemption and practical tips to use it.
Application. The applicant’s submission letter will request an exemption to the minimum advertising requirements under the specialized service technicians/service provider category. In its submissions, the employer should include descriptions of:
Required Documents. You must provide the supporting documentation required for a typical LMIA application, including incorporation and tax documentation, proof that the company is actively engaged in business and a job description and copy of the foreign worker’s resume. In addition, however, an employer should support its application in the specialized service technicians/service providers category with a letter from the company or the employer to which the employee will be providing their services that includes:
Transition Plan. Generally, ESDC requires the employer to commit to a transition plan before approving the hiring of a foreign worker, including for specialized service technician/service provider LMIA applications. But there are cases in which ESDC will waive the transition plan requirement. In most cases, a transition plan will be provided in support of the foreign worker’s application for permanent residency. However, when you need to hire a specialized service provider for a short period of time to perform a specific task or complete a specific project, as is often the case, you can ask ESDC to waive the transition plan requirement due to the short duration of the foreign worker’s time in Canada.
Please contact your McInnes Cooper lawyer or any member of our Business Immigration Law Team @ McInnes Cooper to discuss obtaining an LMIA for your foreign workers.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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