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Vera Vera · Work & PGWP · Express Entry · Express Entry · 5  days ago
Community member 1 replies

LMIA Questions Before You Sign: What to Verify

Many workers treat employer sponsorship as a simple handshake deal. They get an offer, sign a contract, and assume the work permit is a formality. This mindset is dangerous. The LMIA process is not automatic. It is a rigorous assessment of the Canadian labor market, and the employer bears the primary burden of proof.

If you are relying on an employer to sponsor you, you need to verify several concrete details before you commit. Relying on verbal promises or vague job descriptions can lead to refusal or exploitation.

First, ask for the LMIA number or proof of submission.

A legitimate employer who has already secured a positive LMIA will have a reference number. If they say they are applying for it, ask when they submitted the application. You can check the status of an LMIA application using the IRCC online portal. Do not accept "it is in process" without a date. If the employer cannot provide a tracking number or a clear submission date, the timeline is uncertain.

Second, verify the wage matches the prevailing rate.

Employers must pay at least the prevailing wage for the occupation in that specific region. If the offered wage is below the median for that job title in that city, the LMIA will likely be refused. Ask the employer to show you the wage data they used. If they offer a lower wage with the promise of "bonuses" or "overtime," be cautious. The base wage is what matters for the LMIA assessment. A mismatch here is a common reason for refusal.

Third, clarify the duties and duration.

The job description in the LMIA must match the offer of employment exactly. If the employer changes your duties after the LMIA is accepted, you may face issues at the border or when applying for your work permit. Ask for a detailed job description that includes specific tasks, not just a generic title. Also, confirm the duration of the LMIA. Most are valid for one year. If your contract is longer, you need to know if the employer is prepared to renew the LMIA or if you will need to leave Canada when it expires.

Fourth, understand the financial obligations.

Who pays for the LMIA? The employer is legally required to cover all costs associated with the LMIA application. If an employer asks you to pay for the LMIA, the recruitment fee, or any other processing cost, this is a violation of Canadian law. Do not pay these fees. Keep records of all financial transactions. If an employer deducts these costs from your first paycheck, report it immediately.

Fifth, check the employer’s compliance history.

Not all employers are reliable. Some have a history of non-compliance with IRCC conditions. You can check if an employer has a compliance history by looking at the list of employers who have failed to meet their obligations. This list is public. If an employer is on this list, avoid them. They may be flagged for future applications, which could delay or deny your permit.

Sixth, confirm the job is genuine.

The employer must prove that hiring you will not negatively impact the Canadian labor market. They must show they tried to hire a Canadian or permanent resident first. Ask how they advertised the position. If they cannot show proof of recruitment efforts, the LMIA may be questioned. A genuine job will have clear recruitment steps. A fake job will have vague or missing documentation.

Finally, protect your personal information.

Do not share your UCI, passport number, or bank details on public forums. Keep these details private. When discussing your situation, focus on the process and the documents. Share only what is necessary to get advice.

If you have dealt with an employer who was unclear about the LMIA process, what specific question helped you verify their commitment? Did you find a compliance issue or a wage mismatch that changed your decision? Share the details that helped you organize your file and avoid risks.
Theo
Theo5  days agoReply
One critical detail often overlooked is the distinction between the LMIA application stage and the actual decision. Many workers assume that once the employer submits the application, the worker is safe. This is not true. The employer must still prove that no Canadian was available for the role. If the job market changes or if another candidate applies, the LMIA can be denied even after submission.

You should ask the employer for the specific LMIA number or at least the date of submission. This allows you to track the status on the government website. Without this, you are flying blind. Also, verify if the wage offered matches the prevailing wage for that occupation in that specific region. If the wage is below the threshold, the application will likely be rejected. This is a common reason for delays.

Another practical point is the validity period. An LMIA is only valid for six months. If the process drags on, you might need a new one. Ensure the timeline aligns with your current permit expiry. If your permit expires before the LMIA is accepted, you could face legal issues.

Have you asked your employer for the submission receipt? It helps to know if they are proactive or just wa...
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