PNP & LMIA

Brief Overview

This program is for workers who:

have the skills, education and work experience to contribute to the economy of a specific province or territory
want to live in that province and
want to become permanent residents of Canada

Each province and territory has its own “streams” (immigration programs that target certain groups) and requirements. For example, in a program stream, provinces and territories may target

students
business people
skilled workers
semi-skilled workers

__________

How you will apply depends on which Provincial Nominee Program stream you’re applying to. You might need to apply using the non-Express Entry process, or through Express Entry.

Provincial Nominee Program

How you will apply depends on which Provincial Nominee Program stream you’re applying to. You might need to apply using the non-Express Entry process, or through Express Entry.

Non-Express Entry Process

In the non-Express Entry process:

You apply to the province or territory for nomination under a non-Express Entry stream.
You need to meet the eligibility requirements of the province that nominates you.
If you’re nominated, you apply for permanent residence online
Application processing times are longer than through Express Entry.

Express Entry Process

In the online Express Entry process, there are 2 ways to apply:

You contact the province or territory and apply for a nomination under an Express Entry stream. If the province or territory agrees to nominate you, you create an Express Entry profile (or update your profile if you already have one) and show you have been nominated.
OR
You create an Express Entry profile and show the provinces and territories you’re interested in. If a province or territory sends a “notification of interest” to your account, you contact them directly.
You apply to their Express Entry stream.

If you’re nominated, the province or territory will send a nomination certificate to your account, and you accept it electronically.

In both cases, you must

meet the eligibility requirements of the province or territory and
submit an Express Entry profile and show that you meet the minimum criteria for Express Entry, including being eligible for one of the immigration programs it covers.

If you are invited to apply, you submit an electronic application to IRCC.

LMIA

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.

What Are Types of LMIAs?

High-Wage LMIA: This type of LMIA is applicable when the offered wage for the position exceeds the provincial or territorial median wage. It requires a transition plan outlining efforts to reduce reliance on foreign workers over time.

Low-Wage LMIA: Low-Wage LMIAs are for positions with wages below the provincial or territorial median wage. Restrictions may apply to the number of foreign workers that can be employed under this category.

Global Talent Stream LMIA: This stream is designed for innovative firms in Canada that are referred to Service Canada by a designated referral partner and that need unique and specialized foreign nationals in order to scale up and grow. It’s also intended for firms in Canada that need to fill an in-demand, highly-skilled position on the Global Talent Occupations List. Progress reviews of your Labour Market Benefits Plan as a Global Talent Stream employer are separate and distinct from all compliance-related activities conducted under the TFWP.

Caregiver LMIA: This type of LMIA is for employers seeking to hire foreign caregivers to provide care for children, seniors, or individuals with medical needs.

Primary agriculture LMIA: The stream is for employers hiring temporary foreign agricultural workers in occupations and activities related to primary agriculture.

PR Support LMIA: The stream is for employers who wish to hire skilled foreign workers and support their permanent resident visa applications. They need to make a job offer that meets the criteria of 1 of the Express Entry programs.

Employer Requirements

Employer eligibility for an LMIA is normally determined by stream, but there are typically a number of standard requirements that are required for employers. These include:

The employer has a legitimate business.
They provide goods or services to the public
They are able to pay a salary to a foreign worker
They have a genuine need for a foreign worker
They have not laid off employees in the 12-month period preceding the application

They must have been in operation for a minimum of one year (for the PR support stream)