Employment in Canada
Work Permits & LMIA
Coordinate the employer process and the worker’s application
CanLink advises employers and foreign workers on employer-specific and open work permits, LMIA requirements, eligible exemptions, extensions and compliance-sensitive documentation.
Information reviewed September 9, 2026
Understanding the pathway
Canada issues employer-specific work permits and open work permits. An employer-specific permit generally identifies the employer and employment conditions. An open permit is available only in defined situations and is not simply an option an applicant can choose.
Many employers must first obtain a positive Labour Market Impact Assessment. Other hires may proceed under an LMIA exemption through the International Mobility Program, often requiring an Employer Portal submission and compliance fee before the worker applies.
Who It May Suit
Who may require this service
Case Assessment
What CanLink assesses
Correct route
We determine whether the situation requires an LMIA, qualifies for an exemption or may support an open work permit.
Employer eligibility
Business legitimacy, recruitment, wage, working conditions, financial capacity and prior compliance may be reviewed.
Job and worker
The NOC, duties, experience, licensing, offer terms and worker’s ability to perform the position must align.
Timing and status
Filing location, current status, expiry dates and maintained-status considerations can materially affect strategy.
Family implications
Accompanying family members do not automatically qualify for work or study authorization; current eligibility must be checked.
Post-approval compliance
Employers must provide the promised occupation, wages and working conditions and retain required records.
Current Framework
Two coordinated processes
A strong employer filing does not replace the worker’s obligation to qualify for a work permit.
LMIA route
The employer demonstrates the labour need and compliance with the applicable recruitment, wage and program stream requirements.
LMIA-exempt route
The exemption code, employer submission and worker eligibility must be supported under the International Mobility Program.
Worker application
The applicant addresses status, admissibility, qualifications, temporary purpose and the documents required for the filing location.
Extensions
An extension should be planned before status expires; the right to continue working depends on the facts and how the application was filed.
How CanLink Helps
A structured path from assessment to submission
Classify
Identify the correct NOC, wage stream, permit type and whether an LMIA or exemption is required.
Prepare employer
Develop recruitment, business, job-offer and compliance documentation for the employer stage.
Prepare worker
Document qualifications, status, family information and admissibility for the work-permit application.
Maintain compliance
Track conditions, records, changes and future extensions after the worker begins employment.
Policy Update
2026 LMIA operating environment
ESDC updated provincial and territorial hourly wage thresholds effective July 17, 2026. The Temporary Foreign Worker Program has also strengthened recruitment and compliance measures; current low-wage rules include extended recruitment and targeted youth recruitment, with higher scrutiny in identified sectors. Requirements must be confirmed for the stream, location, wage and filing date.
Effective in updated TFW Program guidance published September 18, 2026, Service Canada now provides clearer direction on who qualifies as the employer for an LMIA. The employer must be the entity that hires the temporary foreign worker, sets the working conditions and directly pays the worker. Service Canada may examine who controls the work, pays wages, supervises performance, has authority to dismiss and signs the employment agreement.
The guidance also states that staffing or employment agencies that recruit workers for other businesses are not considered the employer where the required employer-employee relationship does not exist, and temporary foreign workers cannot be misclassified as independent contractors. Employers must ensure the actual working relationship remains consistent with the approved LMIA and employment agreement.
For the Global Talent Stream, ESDC’s official Category A designated referral partner list was updated September 15, 2026. Category A employers must be referred by a partner on the current list and must submit a completed referral form for each temporary foreign worker requested; applications without the required referral form are incomplete and will not be processed. Category B does not require a referral and continues to apply to eligible positions on the Global Talent Occupations List.
Effective October 1, 2026, Ontario’s general minimum wage increased from $17.60 to $17.95 per hour. For LMIA-supported employment in Ontario, employers must continue to meet the applicable TFWP wage rules and cannot offer less than the provincial minimum wage; the prevailing-wage and high-wage/low-wage stream requirements may require a higher wage.
Last reviewed October 1, 2026 against ESDC/Service Canada and Ontario government guidance. Programs, wage thresholds, intake and procedures can change without notice.Frequently Asked Questions
Questions to clarify before filing
Does every Canadian employer need an LMIA?
No. Many positions require one, while some hires qualify for a specific LMIA exemption. The exemption must be identified and documented; it cannot be assumed.
Does a positive LMIA guarantee a work permit?
No. The worker must still qualify for the permit and satisfy all admissibility and application requirements.
Can an employee keep working after applying for an extension?
Possibly, if the application was filed before status expired and the maintained-status rules apply. Travel and changes in conditions can affect the analysis.
Can an employer change the job after approval?
Material changes to occupation, wages, duties, location or conditions may require review and possibly a new filing before the change is implemented.
Official Sources
Verify the current government instructions
CanLink reviews the rules applicable to the client’s facts and filing date. Use these government pages for the latest public program information.
Related Guides
Plan the employer filing and protect worker status
Review the employer requirements for an LMIA and understand how maintained status can affect work authorization when a permit is expiring.
Discuss your work permit or LMIA strategy
Book a consultation to review your circumstances, identify the correct pathway and understand the evidence required before you proceed.