How lengthy will I have the ability to work on an LMIA-based work allow by means of the TFWP?…

The validity interval in your employer’s Labour Market Influence Evaluation (LMIA) doesn’t dictate how lengthy you’ll be able to work for in Canada.

The size of time you’ll be able to keep and work in Canada is decided by the validity interval of your LMIA-based work allow below the Short-term International Employee Program (TFWP).

This work interval on a TFWP work allow is distinct from the LMIA validity and is influenced by a “work length” interval beneficial by Employment and Social Improvement Canada (ESDC), based mostly in your employer’s LMIA utility.

Immigration, Refugees and Citizenship Canada (IRCC) will think about the work length interval when figuring out the validity interval of your TFWP work allow.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency

Instance – Making use of for a TFWP Work allow

For instance, if a Canadian vehicle producer have been to rent a international employee by means of the TFWP and facilitate their entry to Canada to work as a mechanical engineer at their manufacturing facility, the timeline for this course of could be as follows:

• The auto producer (the employer) applies to ESDC for an LMIA. They’ll wish to apply effectively upfront of the hiring date, as processing instances can fluctuate considerably.
  • For this instance, the anticipated hiring date is December 1, 2025, so the corporate submits the LMIA utility by July 30, 2025.
• If profitable, the employer will obtain a optimistic LMIA. This doc will even embrace the work length interval advice from ESDC.
  • At this level, the LMIA validity interval (6 months) comes into impact. For this instance, the LMIA is issued on September 19, 2025, and comes with a piece length interval of 1 12 months. The LMIA can be legitimate till March 19, 2026.
• After receiving the optimistic LMIA, the employer notifies the chosen international employee and supplies them with the LMIA, so they could apply to IRCC for a piece allow throughout the 6-month LMIA validity interval.
  • Let’s assume for this instance that the international engineer applies on September 30, 2025.
• If profitable, the international employee will obtain a TFWP work allow with a piece allow validity interval that may take into consideration the work length (one 12 months) beneficial by ESDC.
  • The work allow length could possibly be longer than the one 12 months to account for journey instances, however is decided on a case-by-case foundation.
  • For this instance, we will assume that the work allow utility is permitted on December 18, 2025, and delivers a piece allow legitimate from that date till 30 January, 2027 (a bit over one 12 months).

If, on the finish of the work allow validity interval, each the auto producer and the international engineer want to prolong the employment interval, then the employee should apply for an extension of the TFWP work allow. Making use of for an extension requires the employer to have a legitimate LMIA, so the employer should apply to ESDC for one more LMIA for the position.

If the employer receives a brand new optimistic LMIA (which is able to include a brand new work length advice), then the international engineer can apply to “prolong or change the situations of their work allow” with IRCC.

The above steps should all be accomplished earlier than the expiry date of the present work allow (ESDC recommends at the very least 30 days prior, on this case by December 31, 2026).

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency

So long as the international employee applies to increase their work allow earlier than the unique work allow expires, they are going to be granted maintained standing, which means that they are going to be permitted to proceed working below the identical situations of their earlier work allow, as long as they continue to be in Canada, whereas awaiting a choice on the extension utility. Which means they have to proceed working with the identical employer, on the identical manufacturing facility, and in the identical engineering position.

How do I get an LMIA?

An LMIA is an official doc required by ESDC to assist the hiring of a international employee for some employer-specific work permits issued below the TFWP.

An LMIA measures the influence that the hiring of a international employee would have on the Canadian labour market.

In issuing an LMIA (i.e, imposing rules to take action), ESDC can be ready to make sure that a Canadian citizen or everlasting resident was not obtainable to fill the position being employed for.

LMIA utility course of

1. Employer applies for an LMIA

The Canadian employer should first submit an LMIA utility to ESDC.

Earlier than submitting an utility, the employer should typically promote the job in Canada for at the very least 4 consecutive weeks to point out that no Canadians or everlasting residents can be found*.

As a part of the LMIA utility submission, employers should

• Present details about wages, working situations, and efforts to recruit regionally (amongst different situations); and
• Pay an LMIA processing charge.

If permitted, ESDC points a optimistic LMIA, permitting the employer to rent a international employee.

*Sure positions and conditions have variations in promoting necessities wanted to rent a international employee on an employer-specific work allow. Some positions are additionally exempt from needing to promote.

2. International employee applies for a piece allow

After being issued a optimistic LMIA, the employer should hand inform the momentary international employee they want to rent, in order that the employee can apply for an LMIA-based work allow from IRCC.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency

Their work allow utility should embrace (amongst different paperwork)

• A duplicate of the optimistic LMIA;
• A job supply letter and employment contract;
• Proof of (e.g. training, language skill, certifications, and many others.); and
• The relevant processing charge and biometrics.

If the applying is permitted, IRCC points the employee a closed work allow tied to the particular employer and place.

The TFWP work allow is employer-specific, which means the employee can’t change employers and/or roles with out making use of for a brand new work allow.

What determines how lengthy I can work on a TFWP work allow?

To higher reply this query, international employees should perceive the distinction between the LMIA validity interval, the work length, and the work allow expiry date.

The LMIA expiry date is the date by which the international employee should apply for a piece allow. If the TFW hasn’t utilized by that date, the LMIA is not legitimate, and employers should apply for a brand new LMIA to rent the employee. In reference to the above part, that is the period of time a international employee can take to finish step 2.

Constructive selections issued for LMIA functions obtained as of Could 1, 2024, are legitimate for as much as 6 months.

The work length is the beneficial size of time work allow could possibly be issued to a international employee with out negatively impacting the Canadian labour market. That is based mostly on ESDC’s evaluation of an LMIA utility and helps IRCC decide the work allow expiry date.

The work allow expiry date is decided by IRCC when the international employee applies for a piece allow. It signifies how lengthy they are going to be allowed to work and reside in Canada below this work authorization.

What to do in case your job begins greater than six months after the LMIA expiry date

It’s OK for a job to begin after the expiry date of the supporting LMIA; what’s required is that the international employee submit their work allow utility previous to the expiry date recognized on the LMIA.

It’s the accountability of the employer to point once they anticipate work to begin for the place they’re hiring, which is able to enable each ESDC and IRCC to think about this when issuing work length suggestions and the work allow itself.

How lengthy does it take to obtain an LMIA?

The processing time (the ready interval after step 1) for an LMIA utility is dependent upon the stream below which you apply (that is decided by your occupation, together with the sector, and wage in your job supply).

Processing instances are additionally impacted by ESDC’s utility volumes and stock and may fluctuate from month to month.

Common processing instances as of June 2025 are listed within the desk beneath:

For extra info on securing an LMIA work allow, together with completely different streams, employees’ rights, and extra, go to our devoted webpage.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency