Employer requirements to apply for LMIA are as follows:

  • Business legitimacy
    • Ability to pay a salary to a foreign worker
    • A genuine need for a foreign worker
    • Has not laid off any employees within the 12 months preceding the submission of the LMIA application
  • Provide a good or service
  • Proof of recruitment

Service Canada determines whether an employer meets the above-noted criteria through the supporting documents the employer submits along with their LMIA application.
See below a list of supporting documents which employers may be required to submit as a part of their LMIA application:

LMIA EMPLOYER SUPPORTING DOCUMENTS CHECKLIST

  1. To demonstrate Business legitimacy (at least one of the below documents):
    • T2 Schedule 100 Balance sheet information and T2 Schedule 125 Income statement information
      • T2042 Statement of farming activities (redact social insurance number)
    • T2125 Statement of business or professional activities (redact social insurance number)
    • T3010 Registered charity information return
    • T4 or payroll records for a minimum of 6 weeks immediately before the submission of this LMIA application, pay periods if the temporary foreign worker already works for you (redact social insurance number)
    • Your most recent Canada Revenue Agency Notice of Assessment (NOA) and documentation showing your income exceeds the low-income cut-off if you are a family or private household hiring a worker to perform caregiver duties. (Submit previous year NOA if LMIA application is submitted after July 1st. Submit a rationale for consideration if, due to an extraordinary circumstance, the most recent year NOA is not available)
    • An attestation confirming that your business is in good financial standing and will be able to meet all financial obligations to any temporary foreign worker you hire for the entire duration of their employment
    • If you are a foreign employer without a Canada Revenue Agency number whose business address and operation is outside of Canada, you may submit your contract or invoice for the goods or services that you are providing in Canada
  2. To demonstrate proof of providing a good or service (at least one of the below documents):
    • Municipal/provincial/territorial business license(valid, i.e. not expired)
    • T4 Summary of remuneration paid
    • PD7A Statement of account for current source deductions
    • An attestation confirms that you are engaged in a legal business that provides a good or service in Canada where an employee could work and describe the main business activity. The permanent residency stream only confirms that the company has been operating for at least one year and must also be included in the attestation.
    • If you are a foreign employer without a Canada Revenue Agency number whose business address and operation is outside of Canada, you may submit your contract or invoice for the goods or services that you are providing in Canada
    • A copy of the Coasting Trade letter of authority issued by the Canada Border Services Agency for positions onboard a foreign vessels undertaking coastal trade in Canadian waters
    • *Note: If you are applying for an LMIA to hire a skilled foreign worker to support his or her application for permanent residence in Canada, you must submit proof that the business has been in operation for a minimum of one year.

  3. To demonstrate proof of recruitment
    • Proof of advertisement postings on Job Bank and alternate methods of advertisement, one of which remains active until a decision is rendered on your LMIA application

If you are an Employer experiencing a labour shortage and want to hire a foreign worker, we can assist you with your LMIA application. Get started by booking a consultation with Millars Law today and start your immigration process now!

By: Arnisa Morina