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Positive LMIA in Canada: Work Permit Checks and Fee Rules

Illustration of a job seeker reviewing Canadian job documents beside the message LMIA is not a work permit.

A positive Labour Market Impact Assessment (LMIA) is not a Canadian work permit. It is an Employment and Social Development Canada (ESDC) decision about an employer’s proposed hiring. If the job requires an LMIA, the worker still has to apply to Immigration, Refugees and Citizenship Canada (IRCC) for the appropriate work permit and satisfy that application’s requirements.

What a positive LMIA does—and does not—prove

A positive LMIA indicates that ESDC found a need for a temporary foreign worker and that no Canadian citizen or permanent resident was available for the job under the program assessment. It does not itself authorize you to work, admit you to Canada, or guarantee that IRCC will approve your permit.

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For an LMIA-based application, the employer should give you the positive decision letter and Annex A, which contains employment details. IRCC’s employer-specific permit guidance explains the next step. The written job offer or contract, LMIA copy and LMIA number support a permit application—they are not a permit in their own right.

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First verify whether an LMIA is needed

Not every Canadian job follows the LMIA route. The employer must first determine whether an exemption applies and whether the worker needs a work permit at all. Someone with a suitable open work permit may not need an LMIA for the job. For most LMIA-exempt employer-specific permits, the employer submits an offer through the Employer Portal and gives the worker an offer-of-employment number. Open-permit holders and other exempt categories can have different requirements.

Ask which route applies: an LMIA-based permit, an LMIA-exempt employer-specific permit, an existing open permit, or a genuine work-permit exemption. Use the Canada.ca LMIA decision guide rather than assuming every overseas job needs sponsorship or an LMIA.

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Documents to request before relying on the offer

From the employer

  • The complete positive LMIA decision letter and Annex A, not only a cropped screenshot or a reference number.
  • A signed employment agreement or contract that matches the occupation, wages, duties, location and conditions described in the LMIA.
  • The employer’s legal name, Canadian business contact details, worksite address, job title, duties, hours and proposed start date.
  • The LMIA number and the date by which the work-permit application must be submitted.
  • If the job is in Quebec, confirmation of the applicable Quebec Acceptance Certificate (CAQ) requirement and the CAQ copy where required.

From you, for the permit application

Your own evidence is separate from the employer’s approval. Depending on the application, it can include a valid passport, completed forms, evidence that you can do the job, and any required medical or biometric steps. Follow IRCC’s outside-Canada work-permit guide and your personalised document checklist. Do not assume an LMIA replaces those requirements.

Check the dates and the limits of approval

Do not confuse three different dates. The LMIA expiry date is the deadline by which the worker must apply for a work permit; it is not the date the work permit automatically ends. The work duration is the period ESDC assessed as appropriate for the job. The work-permit expiry date is set by IRCC when it decides the permit application.

For positive decisions on LMIA applications received from 1 May 2024, ESDC states a validity of up to six months, although a shorter period can be issued. The rule excludes the Seasonal Agricultural Worker Program. Read the actual letter and apply before its expiry date. The job can start later, but the permit application must still be submitted in time.

Understand who may charge what

Where an LMIA processing fee applies, it is the employer’s responsibility. ESDC’s program requirements say it cannot be paid by or recovered from the temporary foreign worker. The employer and its recruiters must not shift recruitment costs to the worker either. This includes the employer’s paid representative’s LMIA services. Do not let those employer-side charges be disguised as a fee you must pay to secure the job.

This does not mean every immigration cost is free. Canada’s worker-rights guidance identifies work-permit, medical-examination and biometric costs that a worker may have to pay when required. Ask for an itemised invoice, the official fee name, payment recipient and receipt. Be cautious if an employer’s LMIA fee, recruitment fee or “job purchase” is relabelled as your government charge.

Practical verification checklist

  • Confirm the correct route. For an LMIA-exempt employer-specific permit, check the exemption and request the offer-of-employment number where required.
  • Obtain the full LMIA decision letter, Annex A, signed contract and LMIA number directly from the employer or an authorised representative.
  • Match the employer, worksite, occupation, duties, wage, hours and location across every document.
  • Read the LMIA expiry date and submit the permit application before it; do not rely on a recruiter’s claim about a universal validity period.
  • Check Quebec-specific CAQ requirements if the work is in Quebec.
  • Separate the employer’s LMIA and recruitment obligations from your possible permit, medical and biometrics costs.
  • Keep copies of the offer, documents, messages, invoices and receipts. Pause if payment is demanded before the documents can be independently checked.

For broader checks, read how to verify an overseas job offer and how to apply without an agent. Our separate work visa versus work permit guide explains the general terminology.

Frequently asked questions

Can I work in Canada as soon as my LMIA is positive?

No. If you need a work permit and do not have one, you cannot legally work in Canada. Apply to IRCC with the required employment and personal documents and wait for the relevant authorization.

Does a positive LMIA guarantee my work permit?

No. It supports the employer-specific application, but IRCC separately assesses your eligibility, admissibility, documents and the conditions of the proposed work.

Should I pay the employer’s LMIA fee?

Under the ESDC rules cited above, the LMIA processing fee must not be paid by or recovered from the temporary foreign worker. Recruitment costs and the paid representative’s LMIA services must not be shifted to you either. Verify any other charge against an official government fee page and request an itemised receipt.

How long is a positive LMIA valid?

For the covered decisions, ESDC says up to six months, and the actual letter may give a shorter period. The Seasonal Agricultural Worker Program is excluded from that maximum. Use the expiry date on your own LMIA, not a general promise.

What if the employer says the job is LMIA-exempt?

Check the exact route. An LMIA-exempt employer-specific application will usually involve an exemption code and offer-of-employment number, while open permits and other exceptions can differ. LMIA exemption is not, by itself, permission to work without a permit or a guarantee of approval.

Summary

A positive Canada LMIA is evidence about an employer’s labour-market case, not permission for an overseas worker to start work. Verify the correct route, collect the full LMIA and matching contract, check the real expiry date, understand the employer’s fee responsibilities, and then make a separate IRCC work-permit application. Treat pressure to pay LMIA or recruitment costs, mismatched terms or promises of automatic approval as reasons to pause and verify.

Official guidance checked on 5 November 2026; recheck the linked Canada.ca and IRCC pages before relying on an offer, paying a fee or submitting an application. This article is general information, not personalized immigration advice.

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