Employers who want to hire a temporary foreign worker (TFW) must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.

 

In essence, employers are applying for an opinion on the impact that hiring a TFW would have on Canada's job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.

 

Provincial/territorial variations to the application process

 

If the job is located in the province of:

 

• Alberta - Employers must provide the Employment Agency Business Licence (if applicable).

• British Columbia – Employers must register the foreign caregiver with the Domestic Registry at the BC Ministry of Labour(applicable only if the caregiver is living in the employers’ home).

• Manitoba – Employers must apply for a Certificate of Registration at Manitoba's Employment Standards Branch, Business Registration Unit, before sending the LMIA application to ESDC/Service Canada.

• Nova Scotia – Employers must:

 

• use the services of licensed recruiters (if using a recruiter);

• obtain an Employer Registration Certificate from the province's Labour Standards

 

• Quebec - Employers must submit a copy of the LMIA application, sent to ESDC/Service Canada, to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI), in addition to:

 

• Payment of fees levied by the Government of Quebec for the assessment of the LMIA application.

• The Application for Certificate of Acceptance (CAQ) for Temporary Work completed and signed by the TFW. This form must be sent along with other supporting documents.

• Payment of fees levied by the Government of Quebec for the assessment of the CAQ

• A completed and signed employment contract, required by MIDI. MIDI is currently updating the employment contract. Any inquiries are to be directed to MIDI.

 

Note: Employers who apply for an LMIA to hire TFWs in Caregiver positions are strongly encouraged to submit their application to Service Canada and obtain confirmation that it will be accepted for processing, before proceeding to submit the application to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI). This will avoid employers unnecessarily paying processing fees to MIDI on applications which Service Canada will not process.

 

• Saskatchewan – Employers must:

 

• use the services of a licensed recruiter (if using a recruiter);

• register with the Ministry of the Economy – Immigration Services

 

 

Step-by-step – Checklist

 

Employers must follow the step-by-step checklist to ensure that all the documents required are submitted.

Complete, sign (where applicable) and submit the following documents:

 

• LMIA Application form (EMP5602)

• Schedule A - Appointment of a Third Party Representative (EMP5575) (if applicable)

• Schedule G – In-home Caregivers (EMP5601)

• Schedule I - In-home Caregiver Employment Contract (EMP5604)

• Schedule J - Employer Supplied Bedroom Description form (EMP5599) (if applicable)

• Copy of Canada Revenue Agency Notice of Assessment.

• Copies of advertisements

• Documentation that provides proof of one of the following:

 

• age and parentage for each child under 18 years old (provide one of the documents listed):

 

• copy of long form birth certificate

• adoption certificate

• official guardianship, or

• medical doctor's note confirming the pregnancy and due date

• age for each senior, 65 years or older (provide one of the documents listed):

• copy of birth certificate

• passport, or

• old age security card

• disability for each disabled person (provide one of the documents listed):

 

• copy of the Schedule H - Medical Disability, Chronic or Terminal Illness Certificate (EMP5600), signed and dated by the physician, or

• physician’s note attesting that the patient has a disability, chronic or terminal illness and that he/she requires access to a live-in caregiver

• Valid Power of Attorney (if applicable).

 

Send all documentation:
 

For positions located anywhere in Canada (including Quebec) – mail or fax applications to:

 

Temporary Foreign Worker Program 
Service Canada - Centre of Specialization 
PO Box 6500
Station Don Mills
Toronto  ON  M3C 0L4

 

Fax:
416-954-3107
1-866-720-6094 (toll-free)

For assistance - phone:
 

Within Canada and the United States: 1-800-367-5693 (toll-free)
 

Outside Canada and the United States: 506-546-7569

 

A complete application means that employers have:

 

• filled out all of the fields in all of the necessary forms;

• included all of the required documentation;

• signed the forms where required; and

• submitted the fee payment with the application.

 

If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.