Tag: immigration toronto

  • Enhanced Super Visa Canada 2026: Complete Guide for Filipino Parents & Grandparents

    Enhanced Super Visa Canada 2026: Complete Guide for Filipino Parents & Grandparents

    For Filipino families dreaming of reuniting with parents and grandparents in Canada, the Enhanced Super Visa offers one of the most generous visitor programs in the world. Since June 2023, Super Visa holders can stay in Canada for up to 5 years per visit — a major improvement over the previous 2-year limit. This comprehensive 2026 guide covers everything Filipino-Canadian sponsors and their parents need to know: updated income requirements, the new OSFI foreign insurer option, step-by-step application instructions, and tips tailored specifically to applicants from the Philippines.


    What Is the Super Visa and What Makes It “Enhanced”?

    The Super Visa is a special multi-entry visitor visa designed exclusively for the parents and grandparents of Canadian citizens and permanent residents. Unlike a regular visitor visa that typically authorizes stays of up to 6 months, the Super Visa provides:

    • Up to 5 years per visit — no need to leave and re-enter every 6 months
    • Multi-entry validity for up to 10 years (or until passport expiry)
    • Faster alternative to the Parents and Grandparents Program (PGP) — no lottery, no cap on applications
    • No limit on the number of times you can enter Canada during the visa’s validity

    What Changed in 2023 (The “Enhanced” Super Visa): On June 22, 2023, the Government of Canada enhanced the Super Visa by extending the authorized stay from 2 years to 5 years per visit. This means your parents or grandparents can live with you continuously for up to 5 years before needing to leave Canada, making it far more practical for long-term family reunification.

    Super Visa Eligibility Requirements (2026)

    Both the applicant (your parent or grandparent) and the host (the Canadian sponsor) must meet specific requirements.

    Applicant Requirements (Parent or Grandparent)

    • Must be the parent or grandparent of a Canadian citizen or permanent resident
    • Must be admissible to Canada (no criminal inadmissibility or security concerns)
    • Must pass an immigration medical exam conducted by a designated panel physician
    • Must hold a valid passport (should be valid for at least the duration of the requested stay)
    • Must demonstrate ties to their home country (proof they intend to return)
    • Must have private medical insurance meeting specific requirements (see below)
    • Must be outside Canada when applying

    Host (Sponsor) Requirements

    • Must be the applicant’s child or grandchild, at least 18 years old
    • Must be a Canadian citizen, permanent resident, or registered Indian
    • Must reside in Canada
    • Must meet or exceed the Minimum Necessary Income (MNI) threshold
    • Must provide a signed letter of invitation promising financial support

    Minimum Necessary Income (MNI) Requirements — Updated July 2025

    The Canadian host must demonstrate that their household income meets or exceeds the Low Income Cut-Off (LICO) threshold. These amounts were updated on July 29, 2025, reflecting a 3.9% increase to account for inflation. The income is calculated based on the total family size, which includes the host, their dependants, and the visiting parent(s) or grandparent(s).

    How to Calculate Family Size: Count the host + their spouse/partner + their dependent children + the parent(s)/grandparent(s) being invited. For example, if you are married with 2 children and inviting both parents, your family size is 6 (you + spouse + 2 children + 2 parents).

    Total Family SizeMinimum Necessary Income (CAD)
    1 person$30,526
    2 persons$38,002
    3 persons$46,720
    4 persons$56,724
    5 persons$64,336
    6 persons$72,560
    7 persons$80,784
    Each additional person+$8,224
    Source: IRCC — Effective July 29, 2025. Based on the Low Income Cut-Off (LICO) for urban areas with 500,000+ population.

    Important for Filipino Families: If multiple family members are pooling income to meet the threshold, only income earned by the host and their spouse or common-law partner counts. Income from the visiting parent or other relatives living in the household does not qualify. Your most recent Notice of Assessment (NOA) from the Canada Revenue Agency is the primary proof document.

    Acceptable Proof of Income Documents

    • Notice of Assessment (NOA) — most recent, issued by the Canada Revenue Agency
    • T4 or T1 tax returns — for the most recent tax year
    • Employment letter — confirming position, salary, and length of employment
    • Recent pay stubs — covering the last 12 months
    • Bank statements — showing regular income deposits
    • Employment Insurance (EI) statements — if applicable
    • Self-employment documentation — letter from accountant with income details
    • Pension or investment income statements

    Medical Insurance Requirements — Including the 2025 OSFI Change

    One of the key differences between a Super Visa and a regular visitor visa is the mandatory private medical insurance requirement. Here is what you need to know for 2026:

    Insurance Coverage Requirements

    RequirementDetails
    Minimum Coverage$100,000 CAD
    Validity PeriodMinimum 1 year from the date of each entry to Canada
    Coverage Must IncludeHealthcare, hospitalization, and repatriation
    Payment StatusPolicy must be fully paid or have a deposit paid (quotes are not accepted)
    Eligible ProvidersCanadian insurance companies OR OSFI-authorized foreign insurers

    2025 OSFI Change: Foreign Insurers Now Accepted

    New as of January 28, 2025: IRCC now accepts private health insurance policies from foreign insurance companies authorized by the Office of the Superintendent of Financial Institutions (OSFI). Previously, only Canadian-based insurance companies were accepted. This change makes the Super Visa more accessible and potentially more affordable for Filipino families.

    To qualify, the foreign insurer must:

    1. Be authorized by OSFI to provide accident and sickness insurance
    2. Appear on OSFI’s list of federally regulated financial institutions
    3. Issue the policy under its insurance business in Canada

    You can verify whether a foreign insurer is OSFI-authorized by checking OSFI’s website at www.osfi-bsif.gc.ca.

    Tip for Filipino Families: Super Visa medical insurance typically costs between $1,000 and $5,000 per year, depending on the applicant’s age and health conditions. Comparing quotes from both Canadian and OSFI-authorized foreign insurers can help you find the best rate. Applicants over 70 years old generally face higher premiums. Be sure your policy is paid (not just quoted) before submitting your application.


    Required Documents Checklist

    Prepare all of the following documents before submitting your Super Visa application:

    Documents from the Applicant (Parent/Grandparent in the Philippines)

    • Valid Philippine passport (valid for at least 1 year beyond planned entry date)
    • Completed application forms — IMM 5257 (Application for Visitor Visa) and IMM 5645 (Family Information Form)
    • Two recent passport-sized photos (per IRCC photo specifications)
    • Proof of relationship — birth certificate of the Canadian host showing the applicant as parent, or other official documents establishing the relationship
    • Immigration medical exam results — from an IRCC-designated panel physician in the Philippines
    • Private medical insurance policy — meeting all requirements listed above (paid, not quoted)
    • Proof of ties to the Philippines — property ownership, bank accounts, employment, pension, family members remaining
    • Travel history — previous visas or stamps in current and old passports
    • Biometrics — fingerprints and photo at a designated collection point

    Documents from the Host (Canadian Sponsor)

    • Signed letter of invitation — promising financial support for the duration of the visit, listing all family members included in the income calculation with their names, dates of birth, and relationship
    • Proof of Canadian status — Canadian citizenship certificate, permanent resident card, or Indian Status card
    • Proof of income — Notice of Assessment (NOA), T4/T1 forms, employment letter, pay stubs, bank statements
    • Proof of residence in Canada — utility bills, lease agreement, or mortgage statement
    • Birth certificate — showing relationship to the applicant (host’s birth certificate listing applicant as parent)

    Step-by-Step Application Process

    Follow these steps to submit a successful Super Visa application:

    Step 1: Confirm Eligibility and Calculate Family Size

    Before gathering documents, confirm that the Canadian host meets the MNI threshold. Count everyone who will be included in the family size: the host, their spouse or common-law partner, their dependent children, and the parent(s) or grandparent(s) being invited. Check the MNI table above to confirm the income requirement.

    Step 2: Schedule the Immigration Medical Exam

    The applicant must undergo a medical exam with an IRCC-designated panel physician in the Philippines. Medical results are valid for 12 months. You can find designated panel physicians in Manila and other Philippine cities on the IRCC website. Schedule this early as appointments may have wait times.

    Step 3: Purchase Medical Insurance

    Obtain a private medical insurance policy that meets all Super Visa requirements: minimum $100,000 coverage, at least 1 year validity, covering healthcare, hospitalization, and repatriation. The policy must be paid (or have a deposit paid) — insurance quotes alone are not accepted. You may now purchase from Canadian insurers or OSFI-authorized foreign insurers.

    Step 4: Gather All Supporting Documents

    Collect all documents from both the applicant and the host as listed in the checklist above. Ensure all documents are current and that translations are provided for any documents not in English or French.

    Step 5: Complete the Application Forms

    Fill out the required forms completely — do not leave any sections blank. Key forms include:

    • IMM 5257 — Application for Temporary Resident Visa
    • IMM 5645 — Family Information Form
    • IMM 5409 — Statutory Declaration of Common-Law Union (if applicable)
    • Document Checklist (IMM 5484)

    Step 6: Submit Online and Pay Fees

    Create an account on the IRCC online portal and submit the application with all supporting documents. Pay the application processing fee and biometrics fee online.

    Step 7: Provide Biometrics

    After submitting the application, you will receive a Biometrics Instruction Letter. The applicant must then visit a designated biometrics collection point in the Philippines to provide fingerprints and a photograph. Biometrics are valid for 10 years.

    Step 8: Wait for Processing and Decision

    IRCC will process the application. If approved, the applicant will be asked to submit their passport for visa stamping. If additional information is needed, IRCC will send a request letter.


    Processing Times and Fees

    Application Fees

    Fee TypeAmount (CAD)
    Application Processing Fee$100
    Biometrics Fee$85
    Total Government Fees$185
    Medical Exam (approximate, Philippines)$200 – $300
    Medical Insurance (annual, varies by age)$1,000 – $5,000
    Government fees are in Canadian dollars. Medical exam fees vary by panel physician. Insurance costs depend on age, health, and provider.

    Processing Times from the Philippines

    As of the most recent IRCC data, Super Visa applications from the Philippines are typically processed within 95 to 116 days (approximately 13 to 17 weeks). The IRCC service standard is 112 days, with a goal of processing 80% of applications within this timeframe.

    Planning Tip: Allow at least 4 to 5 months from the time you start preparing documents to when you expect your parents or grandparents to arrive. This accounts for medical exam scheduling, document gathering, application processing, and passport submission for visa stamping. If you are planning for a specific occasion (e.g., a grandchild’s baptism or graduation), start the process well in advance.


    Super Visa vs. Regular Visitor Visa: Comparison

    Understanding the differences between the Super Visa and a regular visitor visa helps you choose the right option for your family:

    FeatureSuper VisaRegular Visitor Visa (TRV)
    Who Can ApplyParents and grandparents onlyAnyone with a valid purpose of visit
    Authorized Stay Per VisitUp to 5 yearsUp to 6 months
    Visa ValidityUp to 10 years (multi-entry)Up to 10 years (multi-entry)
    Medical Insurance RequiredYes — $100,000 minimum, 1 yearNo (recommended but not required)
    Medical Exam RequiredYes — mandatoryNo (unless requested by IRCC)
    Host Income RequirementYes — must meet MNI/LICONo formal income threshold
    Application Fee$100 + $85 biometrics$100 + $85 biometrics
    Can Extend Stay in CanadaYesYes (must apply before status expires)
    Work Permit EligibilityNoNo
    Path to PRNo (separate PGP application needed)No

    Our Recommendation: If your parents or grandparents plan to stay for more than 6 months, the Super Visa is almost always the better choice. The additional requirements (medical insurance and income proof) are well worth the benefit of a 5-year authorized stay. For short visits of a few weeks or months, a regular visitor visa may be simpler and more cost-effective.


    Tips for Filipino Families Applying for the Super Visa

    Based on our experience helping Filipino-Canadian families with Super Visa applications, here are practical tips to improve your chances of approval:

    1. Demonstrate Strong Ties to the Philippines

    Even though the Super Visa allows a 5-year stay, your parents must still demonstrate they intend to return to the Philippines. Include evidence such as property ownership (land titles, tax declarations), active bank accounts, pension payments from SSS or GSIS, or family members remaining in the Philippines.

    2. Write a Strong Invitation Letter

    The letter of invitation is a critical document. It should be detailed and personal — explain why your parents are visiting (e.g., to help with a new baby, attend a family milestone, spend time with grandchildren). Include your commitment to financially support them during their stay.

    3. Prepare Income Documents Carefully

    If you are close to the MNI threshold, include multiple forms of income proof — not just your NOA. Supplementing with T4s, pay stubs, an employment letter, and bank statements creates a stronger financial profile. If your spouse also works, include their income documentation as well.

    4. Get the Medical Exam Done Early

    Schedule the immigration medical exam as soon as you begin the application process. Panel physician appointments in Manila and Cebu can have wait times, and results are valid for 12 months, so there is no disadvantage to completing this step early.

    5. Do Not Submit a Bare-Minimum Application

    Visa officers process thousands of applications. A well-organized, complete application with clear supporting documents stands out. Use a document cover page listing all enclosed items, and organize documents in the same order as the checklist.

    6. Compare Insurance Quotes — Including Foreign Insurers

    With the January 2025 OSFI change, you now have more options for medical insurance. Compare quotes from both Canadian and OSFI-authorized foreign insurers. Some Filipino families have found more affordable coverage through international providers. Just ensure the company is on the OSFI authorized list before purchasing.


    Common Reasons for Super Visa Refusal

    Understanding why applications get refused can help you avoid common pitfalls. In 2024, over 54% of all temporary resident visa applications to Canada were refused. The most common reasons for Super Visa refusals include:

    1. Insufficient Proof of Income

    The host’s income falls below the MNI threshold, or the income documentation is weak, inconsistent, or incomplete. Always verify your family size calculation and ensure your income clearly exceeds the minimum.

    2. Inadequate Ties to Home Country

    The visa officer is not convinced that the applicant will return to the Philippines. This is especially challenging for applicants who have children in Canada and few immediate family members remaining in the Philippines. Provide strong evidence of property, financial assets, community involvement, or obligations in the Philippines.

    3. Medical Insurance Issues

    The insurance policy does not meet requirements — it may have insufficient coverage, be from a non-qualifying insurer, not cover the required categories (healthcare, hospitalization, repatriation), or only be a quote rather than a paid policy.

    4. Incomplete or Inconsistent Application

    Missing forms (such as IMM 5257), blank fields, unsigned declarations, or information that conflicts between documents. Double-check every form before submission.

    5. Failed Medical Exam

    Certain medical conditions may result in inadmissibility. If your parent has a pre-existing condition, consult with an immigration lawyer before applying to understand the potential implications.

    6. Purpose of Visit Not Consistent with Super Visa

    If the officer believes the true purpose of the visit is not a family visit — for example, if there is evidence the applicant intends to work in Canada or not return to their home country — the application may be refused.


    Frequently Asked Questions

    Can my parents work in Canada on a Super Visa?

    No. The Super Visa is a visitor visa only. Your parents or grandparents are not authorized to work in Canada. If they wish to work, they would need a separate work permit, which is not typically available under these circumstances.

    Can I invite both parents at the same time?

    Yes. Each parent must submit a separate application with their own medical exam and insurance policy. Both parents are included in the family size calculation for the income requirement. For example, inviting both parents would add 2 to your family size.

    What happens if my parent’s insurance expires while they are in Canada?

    Super Visa holders must maintain valid medical insurance at all times while in Canada. If the policy expires, it must be renewed before it lapses. Failure to maintain insurance could affect future entries or extensions. Many Canadian insurers offer renewal options for existing policyholders.

    Can my parent apply for the Super Visa from inside Canada?

    No. Super Visa applications must be submitted from outside Canada. If your parent is already in Canada on a visitor visa, they would need to leave Canada, apply for the Super Visa from the Philippines (or another country), and wait for approval before re-entering.

    Is the Super Visa the same as the Parents and Grandparents Program (PGP)?

    No. The PGP is a permanent residence program that grants your parents PR status in Canada. The Super Visa is a temporary visitor visa that allows extended stays. Many families apply for the Super Visa while waiting for the PGP lottery or while their PGP application is in progress.

    Do visa-exempt nationals need a Super Visa?

    Citizens of visa-exempt countries (such as those with dual citizenship in countries like the US) can still apply for the Super Visa to get the 5-year authorized stay benefit. Without a Super Visa, visa-exempt nationals are typically only authorized to stay for 6 months. Note: Philippine passport holders are not visa-exempt and must obtain a visa.

    Can I sponsor my parents for the Super Visa if I am a temporary resident (e.g., on a work permit)?

    No. The host must be a Canadian citizen, permanent resident, or registered Indian. If you are on a work permit, study permit, or any other temporary status, you do not qualify to host a Super Visa applicant. You would need to obtain permanent residence first.

    What if my income is slightly below the MNI threshold?

    If your income is below the required threshold, your application will likely be refused. Consider whether your spouse or common-law partner’s income can be added (their income counts toward the household total). If you still fall short, you may need to wait until your income increases or explore a regular visitor visa instead.


    How JCA Law Office Can Help

    At JCA Law Office Professional Corporation, we have extensive experience helping Filipino-Canadian families reunite with their parents and grandparents through the Super Visa program. Our immigration team understands the unique challenges Filipino families face — from navigating Philippine document requirements to building strong applications that address common refusal reasons.

    Our Super Visa services include:

    • Eligibility assessment — We review your income, family size, and circumstances to confirm you meet all requirements
    • Document preparation — We prepare and organize all application forms and supporting documents
    • Invitation letter drafting — We help craft a compelling invitation letter that satisfies IRCC requirements
    • Insurance guidance — We advise on compliant insurance options, including OSFI-authorized foreign insurers
    • Application submission and follow-up — We submit the application and monitor its progress
    • Refusal response — If a previous application was refused, we analyze the refusal reasons and prepare a stronger re-application

    Book Your Super Visa Consultation Today

    Let our team guide your family through the Super Visa application process. We serve Filipino-Canadian families across the Greater Toronto Area and throughout Ontario.

    Book a Consultation

    Call us at (416) 838-8078 | Email: info@jcalaw.ca


    Continue exploring our immigration guides for Filipino-Canadians:

    Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently. For advice specific to your situation, please consult with a qualified immigration lawyer. Information is current as of February 2026, based on IRCC policies and the MNI thresholds effective July 29, 2025.

  • Canada Immigration Policies: What To Expect After The Recent 2019 Canadian Federal Election

    Canada Immigration Policies: What To Expect After The Recent 2019 Canadian Federal Election

    Canada Immigration Policies

    CANADA IMMIGRATION POLICIES: WHAT TO EXPECT AFTER THE RECENT 2019 CANADIAN FEDERAL ELECTION

    By Gin Aguilar

    Now that the Liberal Party has been confirmed as the official winning party in the recently concluded 2019 Canadian federal election, this means that the current immigration policies in Canada will most likely remain unchanged.

    Despite winning a minority victory and getting fewer seats in the parliament, reports indicate that Liberals may still proceed with their plan to increase immigration population as long as they get the support of 1 of the other 3 political parties who also have similar views on Canada immigration policies.

    Citizenship and Immigration Canada (CIC) further reported that Liberals will only need the support of one of the other three political parties who already have somewhat similar views on the subject.

    Under the Liberals’ existing plan, the targeted number of immigrants will increase from 330,800 in 2019 to 350,000 by 2021, and their election platform displayed that this pattern would continue if they reached a new mandate.

    We can expect immigration targets to increase to an average of 10,000 immigrants per year in the next two years beyond 2021, or an estimate of 370,000 newcomers by 2023, given the incremental approach employed by the Liberals in recent years.

    Approximately 60% of newcomers will be admitted through Canada’s Economic Class immigration programs and based on the Liberals’ election platform, they will continue to focus on getting “highly skilled people who can help build a stronger Canada.”

    Will there be any changes to Canada’s Express Entry system?

    Canada’s Express Entry system, which was introduced in 2015 by the Conservatives to manage the pool of candidates for Canada’s main economic immigration programs – the Federal Skilled Worker Class, Canadian Experience Class and Federal Skilled Trades Class – is expected not to have any major changes from the Liberals.

    The points-based system assigns eligible candidates a score based on several factors such as their age, education level, skilled work experience and proficiency in English or French. A set number of the highest-ranked candidates are then invited to apply for Canadian permanent residence through regular draws from the Express Entry pool. The Liberals reduced the number of points awarded for a job offer from 600 to a maximum of 200 in 2016 to ensure that those invited to apply for permanent residence are highly skilled and more likely to find economic success in Canada.

    What will happen to the Immigration Pilot Programs?

    The Liberal government under PM Justin Trudeau launched several economic class immigration pilot programs during the first term. The most notable among these was the Atlantic Immigration Pilot (AIP), a partnership between Canada’s government and provinces in the Atlantic region to bring in immigrants with various skill sets to work in the area. The fast-track program allows employers in Canada’s four Atlantic provinces — Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince Edward Island — to hire foreign nationals for jobs they haven’t been able to fill locally. Now that the Liberals have earned another mandate, they have pledged to make the said program permanent.

    However, it has been noted that the immigrants largely chose to settle in the larger cities leaving other parts of the country with a serious shortage of skilled labor. In order to address this challenge, the Liberal government plans to launch the Municipal Nominee Program (MNP), which will allow and ensure local communities of all sizes around Canada are able to attract and support skilled foreign workers and their families. Few details about the proposed program have emerged, but it is sure to gather national interest given the challenges that most cities across Canada face in attracting immigrants. The MNP’s selection criteria will most probably be modelled after the AIP and Rural Northern Immigration Pilot (RNIP), which was also launched by the Liberals. This means the MNP will enable employers in municipalities designated by the federal government to support the immigration applications of newcomers who meet their labour needs.

    The Liberal government also pledged to waive fees for those planning to apply for citizenship saying that the “process of granting citizenship is a government service, not something that should be paid for with a user fee”, therefore making applying for Canadian citizenship free very soon.

    If you need help or assistance regarding your immigration matter, JCA LAW OFFICE have approachable and knowledgeable Filipino-Canadian Immigration lawyers and consultants who can help and assist you, please feel free to drop by our office or schedule an appointment with us.

    Our main office is located at 168B Eglinton Ave. East, Toronto, ON M4P 1A6. We have another location right within the Philippine Consulate building at 160 Eglinton Ave. East, Suite 406, Toronto, ON M4P 3B5.

    You may also book your appointment by sending us an email at info@filipinolawyer.ca.

    Reference

    https://www.cicnews.com/2019/10/canada-election-2019-what-to-expect-from-the-immigration-system-in-the-coming-years-1012988.html#gs.c6ejjw

  • The Perks of Being a Canadian Citizen

    The Perks of Being a Canadian Citizen

    Canadian Citizen – JCA Law office

    The Perks of Being a Canadian Citizen

    by Vanessa Simao and Gin Aguilar

    Being a Canadian Citizen is something to be proud of. Along with being a part of a country that is very welcoming and multicultural, there are also many other perks to being a Canadian Citizen that some people may not know about. When you become a Canadian Citizen, doors are opened to bigger opportunities, such as access to restricted jobs. Some jobs in Canada require you to have Canadian citizenship, such as government jobs or work at the federal level which requires a security clearance. If you have been living in Canada for quite some time, chances are you have an opinion on how the country, province or city should be run. By having Canadian citizenship, you have the privileges of voting in federal, provincial and municipal elections, and even run for public office.

    Becoming a Canadian also means that you will be issued a Canadian passport, which happens to be one of the best and most powerful passports in the world. Holding a Canadian passport means that you may travel visa-free to 166 countries* and it also allows you to exit and re-enter Canada freely without any trouble. When you are a Canadian citizen, you never have to worry about losing status, unlike if you are a permanent resident, you will need to comply to some residency requirements.

    If ever you are convicted of a crime in Canada as a citizen, you will not lose your citizenship, but if you are a permanent resident, you might face deportation. You also do not have to worry about renewing your immigration documents because once you gain your citizenship, it stays with you forever. The only document you need to renew every ten years is your Canadian passport.

    Aside from these great benefits, being able to call yourself a Canadian citizen hold much more value – it means you have access to freedom, rights, and equality. Canada is an amazing, welcoming and multicultural country and I know you will be proud to call yourself a Canadian citizen because I am proud to be one.

    Requirements for Becoming a Canadian Citizen:

    After reading the above benefits, you are now fully convinced that you truly wanted to become a Canuck (a slang term for Canadians… don’t worry the article about Canadian slangs will be posted soon!!). But how do you become one?

    The following are the requirements to be qualified to apply for Canadian Citizenship:

    1. You must have a Permanent Resident (PR) status in Canada. Regardless of age, if you are applying for citizenship, you must have a PR status in Canada, which also signifies that you must NOT:
      • be under review for immigration or fraud reasons
      • be requested by Canadian officials to leave Canada (removal order)
      • have unfulfilled conditions related to your PR status, such as medical screening
    2. Have lived in Canada for at least 3 years (out of the last 5 years). You need to ensure that you have been physically present in Canada for at least 1095 days (or 3 years) during the last five years from the date you submitted your application.
    3. You have filed your Income Taxes, as needed
    4. Proven Language Skills in English or French
      • If you’re 18 to 54 years of age on the day you sign and submit your application, you must prove that you can speak and listen at the Canadian Language Benchmarks (CLB) Level 4 or higher in either English or French (which is Canada’s 2 official languages). Certificates, Diplomas or tests that prove your language skills may be submitted along with your application.
    5. Show how well you know about Canada by passing the citizenship test
      • If you’re 18 to 54 years of age on the day you sign and submit your application, you need to take the citizenship test. You’ll need to answer questions about the rights and responsibilities of Canadians and Canada’s (a) history, (b) geography, (c) economy, (d) government, (e) laws, etc.
      • The test may be taken in either English or French and consists of 20 multiple-choice and true-or-false questions. It is based on the official citizenship guide (Discover Canada) and you need to get a passing rate of at least 75% (or 15 correct answers out of 20).

    Ready to take that leap of faith? JCA Law office can help you get started by assisting you in getting that Permanent Resident status.

    You may also send us an email at info@filipinolawyer.ca.

    References:

    *Passport Index https://www.passportindex.org/?country=ca

    Government of Canada: https://www.canada.ca/en.html

  • Detailed list of updated Ontario court fees

    Detailed list of updated Ontario court fees

    Court fees

    Ontario Court Fee Changes effective April 1st, 2019

    Please take note that effective April 1st, 2019. the new court fees are as follows:

    Small Claims Court (Fees Payable to Clerk)

    TYPE OF FEEOLDNEW
    Filing of a claim by an infrequent claimant95.00102.00
    Filing of a claim by a frequent claimant200.00215.00

    Superior Court of Justice and Court of Appeal Fee Schedule (Family matters):

    TYPE OF FEEOLDNEW
    On the filing of an application157.00202.00
    On the placing of an application on the list for hearing280.00420.00
    On the issue of a certificate with not more than five pages of copies of the Court document annexed19.0024.00

    For a more detailed list of updated Ontario court fees, kindly click on the following link:

    https://www.ontario.ca/laws/regulation/920293

  • Four (4) reasons why Canada is a top choice for international students

    Four (4) reasons why Canada is a top choice for international students

    4 reasons why Canada is a top choice for international students

    Canada is a very diverse country. It is an excellent choice for new incoming students with nearly half a million coming in every year.

    These are some reasons why it has become a top choice for international students:

    1. Without a doubt, Canada has some of the world’s top-ranked universities. The University of Toronto, McGill University, and the University of British Columbia placed in the top 50 schools in the world, according to the Times’ 2019 World University rankings.

    2. Canadian colleges and universities also have a ton of clubs, communities, and extracurricular activities that students go to participate. There are many ways for students to go out and enjoy their school years. Most universities and colleges also have programs specifically for international students, which allows others to get along and connect from around the world.

    3. Canadian schools are fair in cost. On average, international students pay almost 50% less in tuition costs in Canada rather than in the United States. The cost of living in Canada is also affordable, with the housing and rental rates shifting based on where you choose to live.

    4. The Canadian government has made it easy for international students to immigrate after they graduate. Most international students will be able to apply for a Post Graduation Work Permit, which allows them to stay in Canada and start working after graduating.

    After just one year of Canadian work experience, many international students graduates are eligible to apply for permanent resident status.

    Canada recently announced to accept more than 1 million new immigrants in the next three years. That’s the highest number in Canada history. Canadians recognize the importance of the new incomers, and they support immigration to Canada. The country is very open-minded towards newcomers from all over the world.

    Related Topic: Am I qualified for post graduation work permit?

  • LMIA Canada 2026: Complete Employer Guide for Hiring Filipino Workers

    LMIA Canada 2026: Complete Employer Guide for Hiring Filipino Workers

    The Labour Market Impact Assessment (LMIA) is the gateway document that Canadian employers must obtain before hiring most foreign workers. For Filipino workers and the Canadian employers who want to hire them, understanding the LMIA process is essential. This comprehensive 2026 guide covers every aspect of the LMIA — from high-wage and low-wage stream differences to the latest regional restrictions, fees, processing times, and practical tips for success.

    Last updated: February 2026. This guide reflects the latest LMIA policy changes, including the January 9, 2026 regional processing updates and current median wage thresholds.

    What Is an LMIA and Why Is It Needed?

    A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that a Canadian employer must obtain before hiring a foreign worker. The LMIA verifies that:

    • There is a genuine need for a foreign worker to fill the position
    • No Canadian citizen or permanent resident is available to do the job
    • Hiring the foreign worker will have a positive or neutral impact on the Canadian labour market
    • The employer is offering wages and working conditions that meet Canadian standards

    A positive LMIA (sometimes called a “confirmation letter”) allows the foreign worker to apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC). Without a positive LMIA, most employer-specific work permit applications cannot proceed.

    For the Filipino community, the LMIA is particularly significant. Thousands of Filipino workers come to Canada each year as caregivers, skilled tradespeople, healthcare workers, food service workers, and professionals. The LMIA is often the first critical step in their Canadian journey — and for many, it becomes a pathway to permanent residency.

    High-Wage vs. Low-Wage LMIA Streams: Key Differences

    The Temporary Foreign Worker Program (TFWP) divides LMIA applications into two main streams based on the provincial or territorial median hourly wage. Whether your job offer falls above or below this threshold determines which set of rules applies.

    2025–2026 Provincial Median Wage Thresholds

    These thresholds were last updated on June 27, 2025 and are used to classify positions as high-wage or low-wage:

    Province / TerritoryMedian Hourly Wage Threshold
    Ontario$36.00
    British Columbia$36.60
    Alberta$36.00
    Quebec$34.62
    Saskatchewan$33.60
    Manitoba$30.16
    Nova Scotia$30.00
    New Brunswick$30.00
    Source: ESDC, updated June 27, 2025. Thresholds are reviewed annually.

    If the wage you are offering is at or above the threshold for your province, you apply under the High-Wage Stream. If it is below the threshold, you apply under the Low-Wage Stream.

    Comparison: High-Wage vs. Low-Wage LMIA Streams

    FeatureHigh-Wage StreamLow-Wage Stream
    Wage RequirementAt or above provincial medianBelow provincial median
    Transition PlanRequired (plan to reduce reliance on TFWs)Not required
    Workforce CapNo cap10% of workforce (20% for construction, food manufacturing, hospitals, nursing facilities)
    Work Permit DurationUp to 2 yearsUp to 1 year
    Regional RestrictionsGenerally not affected by regional unemploymentRefused in CMAs with unemployment ≥ 6%
    Housing RequirementNot requiredMust provide or ensure affordable, suitable housing (< 30% of pre-tax income)
    TransportationNot required (but recommended)Must pay round-trip transportation to and from Canada
    Processing Time~50 business days~44 business days
    Application Fee$1,000 per position$1,000 per position

    Important for Ontario Employers: With Ontario’s median wage threshold at $36.00/hour, many positions in food service, retail, hospitality, and caregiving fall under the Low-Wage Stream. This means additional requirements including housing, transportation, and regional unemployment restrictions apply. Employers in the GTA should plan accordingly.

    LMIA Application Process: Step-by-Step

    The LMIA application process requires careful planning and documentation. Here is a detailed breakdown of each step:

    Step 1: Determine Your Stream

    Compare the wage you plan to offer against the provincial median hourly wage for your province (see table above). This determines whether you apply under the High-Wage or Low-Wage Stream and the specific requirements that apply.

    Step 2: Conduct Recruitment Advertising

    Before applying, you must demonstrate genuine efforts to hire Canadians and permanent residents. Advertising must meet these requirements:

    • Minimum 3 recruitment methods:
      • Job Bank posting (mandatory) — using the Job Match service
      • At least 2 additional methods (e.g., industry websites, newspapers, job fairs, recruitment agencies)
    • Duration: Advertisements must run for a minimum of 4 consecutive weeks within the 3 months before your LMIA application
    • Ongoing requirement: At least one recruitment method must remain active until a decision is made on your LMIA
    • Job Match: You must invite all Job Bank candidates rated 4 stars or higher to apply within the first 30 days

    Your job advertisements must include:

    • Company name and business address
    • Job title and detailed duties
    • Terms of employment (full-time, permanent, etc.)
    • Language of work
    • Wages (including any raises or bonuses), which must meet the prevailing wage
    • Benefits offered
    • Work location(s)
    • Contact information
    • Skill and experience requirements

    Step 2A: Target Underrepresented Groups (Low-Wage Stream)

    For the Low-Wage Stream, at least two of your additional recruitment methods must target underrepresented groups, including:

    • Vulnerable youth
    • Indigenous peoples
    • Newcomers to Canada
    • Persons with disabilities
    • Asylum claimants

    Step 3: Determine the Prevailing Wage

    You must offer the prevailing wage, which is the higher of:

    1. The Job Bank median wage for the specific occupation and work location, OR
    2. The wage range you currently pay existing employees in the same position with similar experience

    Only guaranteed wages count — overtime, tips, bonuses, commissions, and benefits are excluded. Employers must review and update the prevailing wage annually using the latest Job Bank data (updated November 19, 2025).

    Warning: If the wage in your advertisement does not match the prevailing wage, your LMIA application will be refused, and you will need to re-advertise for 4 weeks and start the process over. This is one of the most common reasons for LMIA refusal. Double-check wages before advertising.

    Step 4: Prepare Your Transition Plan (High-Wage Only)

    If applying under the High-Wage Stream, you must submit a Transition Plan describing your activities to recruit, retain, and train Canadians and permanent residents, and how you will reduce reliance on the TFWP over time.

    Exemptions from the Transition Plan requirement:

    • In-home caregivers and healthcare providers
    • Primary agriculture and Seasonal Agricultural Worker Program (SAWP) positions
    • Positions of limited duration (up to 2 years maximum)
    • Positions requiring unique, individual-specific skills
    • Applications supporting permanent residency only (no work permit)

    Step 5: Gather Required Documents

    Prepare the following documentation for your LMIA application:

    • Completed LMIA application form (EMP 5593 or EMP 5626)
    • Business registration and incorporation documents
    • Proof of recruitment efforts (copies of all advertisements with dates)
    • Proof of Job Bank posting and Job Match invitations
    • Records of all Canadian applicants interviewed and reasons for rejection
    • Transition Plan (High-Wage Stream)
    • Proof of business legitimacy (business licence, CRA documents, financial statements)
    • Housing inspection report or housing offer (Low-Wage Stream)
    • Proof of private health insurance coverage for the worker (if applicable)
    • $1,000 processing fee per position (credit card or certified cheque)

    Step 6: Submit the LMIA Application

    Submit your completed application to Service Canada through the LMIA Online Portal or by mail. Applications are assessed based on:

    • Whether the job offer is genuine
    • Whether adequate recruitment efforts were made
    • Whether wages and working conditions meet Canadian standards
    • The impact on the Canadian labour market
    • Whether the employer has a track record of compliance

    Step 7: Receive LMIA Decision

    If approved, you receive a positive LMIA (confirmation letter). The worker then uses this to apply for a work permit through IRCC. The positive LMIA is valid for 6 months from the date of issuance (reduced from 18 months under previous rules).

    Advertising Requirements in Detail

    Proper recruitment advertising is the foundation of a successful LMIA application. Getting this wrong is one of the most common reasons for refusal.

    RequirementDetails
    Job Bank PostingMandatory for all LMIA applications. Must use the Job Match service.
    Additional MethodsMinimum 2 other methods (High-Wage: 1 must be national in scope; Low-Wage: must target underrepresented groups)
    DurationMinimum 4 consecutive weeks within 3 months before LMIA submission
    Ongoing RecruitmentAt least 1 method must remain active until LMIA decision
    Job Match InvitationsMust invite all 4-star+ candidates within first 30 days
    Record KeepingMust maintain records of all recruitment efforts for inspection purposes
    Primary AgricultureAs of January 1, 2026, proof of advertisement submission is required again (reinstated)

    Acceptable additional recruitment methods include:

    • Professional recruitment agencies
    • Specialized occupational websites (e.g., Indeed, LinkedIn, Workopolis)
    • National or local newspapers
    • Job fairs and career events
    • Union consultations
    • Internal promotion or transfer
    • Community organizations serving underrepresented groups

    Prevailing Wage Determination

    Getting the wage right is critical. The prevailing wage is the minimum wage you must offer to the foreign worker. It is determined as follows:

    1. Look up the Job Bank median wage for the specific NOC code and work location
    2. Compare this to the wage you currently pay existing employees in the same role
    3. Offer whichever is higher

    The prevailing wage data on Job Bank is updated annually each fall. The most recent update was on November 19, 2025. Employers must reassess wages by January 1 following each annual update.

    Tip for Employers: Use the Job Bank Wage Report to look up the prevailing wage for any occupation by NOC code and location. Always verify this before advertising the position.

    2026 LMIA Reforms and Regional Restrictions

    The Canadian government has made significant changes to the LMIA program in 2025 and 2026, primarily aimed at protecting the domestic labour market during a period of elevated unemployment in several regions.

    Major 2025–2026 LMIA Policy Changes

    ChangeDetailsEffective Date
    LMIA Validity ReducedPositive LMIAs now valid for 6 months (down from 18 months)2024
    Regional Unemployment FreezeLow-wage LMIAs refused in CMAs with unemployment ≥ 6%September 26, 2024
    Workforce Cap ReducedLow-wage TFW cap reduced to 10% of workforce (from 20%)2024
    Work Permit Duration CutLow-wage work permits reduced to 1 year (from 2 years)2024
    8 Regions ReopenedLow-wage processing resumed in 8 CMAs where unemployment dropped below 6%January 9, 2026
    Agriculture Advertising ReinstatedPrimary agriculture LMIA applications must include proof of advertisementJanuary 1, 2026
    TFWP Admissions TargetLMIA-based work permits capped at 60,000 for 2026 (down from 82,000)2026
    Priority ProcessingExpedited processing for healthcare, technology, and engineering occupations2026

    Regional Restrictions: Where Low-Wage LMIAs Are Processed

    Since September 2024, Service Canada refuses to process low-wage LMIA applications in Census Metropolitan Areas (CMAs) where the unemployment rate is 6% or higher. This list is updated quarterly.

    As of January 9, 2026:

    Regions Where Low-Wage LMIA Processing RESUMED

    These 8 CMAs now have unemployment below 6% and are eligible for low-wage LMIA applications:

    • Vancouver, BC
    • Winnipeg, MB
    • Kingston, ON
    • Halifax, NS
    • Moncton, NB
    • Saint John, NB
    • Fredericton, NB
    • Montréal, QC

    Major Regions That Remain BLOCKED

    These major CMAs still have unemployment ≥ 6% and cannot process low-wage LMIAs:

    • Toronto, ON
    • Calgary, AB
    • Edmonton, AB
    • Ottawa-Gatineau, ON/QC
    • And approximately 20 other CMAs across the country

    Important for GTA Employers: Toronto remains blocked for low-wage LMIA processing. If you need to hire foreign workers in the GTA for positions below the $36.00/hour threshold, you will need to explore alternative strategies such as the High-Wage Stream, LMIA-exempt work permits, or Provincial Nominee Programs. Contact JCA Law Office to discuss your options.

    Exemptions from the regional freeze: Even in blocked CMAs, low-wage LMIA applications are still accepted for:

    • Primary agriculture and Seasonal Agricultural Worker Program (SAWP)
    • Food processing (fish and seafood)
    • Construction (select occupations)
    • Healthcare (select positions)
    • Short-duration positions (120 days or less)
    • In-home caregivers for persons with high medical needs

    The next quarterly update to the eligible/ineligible regions list is expected on April 10, 2026.

    LMIA Fees and Costs

    Cost ItemAmountNotes
    LMIA Processing Fee$1,000 per positionNon-refundable (except for payment errors). Cannot be recovered from the worker.
    Fee Exemptions$0Primary agriculture, caregiving for medical needs, and childcare positions (household income ≤ $150,000)
    Recruitment Advertising$500 – $3,000+Varies by method (Job Bank is free; Indeed, newspapers, and agencies cost more)
    Legal FeesVariesImmigration lawyer fees for LMIA preparation and submission
    Housing (Low-Wage)VariesEmployer must provide or ensure suitable, affordable housing
    Transportation (Low-Wage)VariesEmployer must pay round-trip transportation to and from Canada
    Health InsuranceVariesPrivate health insurance until provincial coverage begins

    Critical Rule: Employers are strictly prohibited from recovering the $1,000 LMIA processing fee from the foreign worker. Doing so is a violation of TFWP regulations and can result in penalties, bans, and placement on the ineligibility list.

    LMIA Processing Times (2026)

    Processing times vary by LMIA stream and are updated monthly by Service Canada. As of early 2026:

    LMIA StreamProcessing Time
    High-Wage Stream~50 business days
    Low-Wage Stream~44 business days
    Global Talent Stream (GTS)~10 business days
    Seasonal Agricultural Worker Program (SAWP)~10 business days
    Agricultural Stream~15 business days
    Permanent Residence Stream~274 business days
    Source: ESDC. Processing times are updated monthly and can vary based on application volume.

    Priority processing is now available for critical occupations in healthcare, technology, and engineering sectors. Applications in these fields may be processed faster than the standard timelines above.

    After the LMIA is approved: The worker must then apply for a work permit through IRCC, which adds additional processing time (typically 2–16 weeks depending on the country of application and processing office). Filipino workers applying from the Philippines should factor in visa office processing times at the Manila office.

    LMIA-Exempt Categories

    Not all work permits require an LMIA. The International Mobility Program (IMP) allows certain foreign workers to obtain work permits without one. The government has planned 170,000 LMIA-exempt work permits for 2026. Key LMIA-exempt categories include:

    International Trade Agreements

    • CUSMA (formerly NAFTA): Professionals, intra-company transferees, and traders/investors from the US and Mexico
    • CETA: Similar provisions for EU nationals
    • Other trade agreements: Various bilateral and multilateral agreements

    Intra-Company Transfers (ICT)

    • Multinational companies transferring executives, managers, or specialized knowledge workers to Canadian branches
    • Must have worked continuously for the company for at least 1 year
    • Work permits issued for up to 3 years (with extensions of up to 2 years)

    Significant Benefit

    • Employment that provides significant social, cultural, or economic benefit to Canada
    • Assessed based on the worker’s track record and expert recommendations

    Other LMIA-Exempt Work Permits

    • Post-Graduation Work Permits (PGWP): For international graduates of Canadian institutions
    • International Experience Canada (IEC): Youth mobility exchange programs
    • Spousal Open Work Permits: For spouses of skilled workers or international students
    • Bridging Open Work Permits: For workers transitioning to permanent residency
    • Caregiver Pilot Programs: Home Child Care Provider and Home Support Worker pilots (no LMIA required)

    Caregiver LMIA: Special Considerations

    Caregiving is one of the most common pathways for Filipino workers coming to Canada. Understanding the LMIA landscape for caregivers is essential.

    Caregiver Pilot Programs (LMIA-Exempt)

    The 2026 Home Child Care Provider Pilot and Home Support Worker Pilot allow caregivers to come to Canada without an LMIA. Instead, the worker applies directly with a qualifying job offer and receives an Occupation-Restricted Work Permit (OROWP).

    Eligibility requirements for the Caregiver Pilot Programs:

    • Language: Minimum CLB 4 (IELTS: Writing 4.0, Speaking 4.0, Listening 4.5, Reading 3.5)
    • Education: Canadian high school diploma equivalent (verified through ECA from WES, IQAS, or ICES)
    • Experience: At least 6 months of relevant caregiving experience in the past 3 years
    • Job Offer: Full-time employment from a Canadian employer under NOC 44100 (Home Child Care Provider) or NOC 44101 (Home Support Worker)
    • Pathway to PR: Applicants may gain permanent residency status, with spouses and children eligible for open work or study permits

    Traditional Caregiver LMIA

    For caregivers who do not qualify under the pilot programs, an employer may still apply for an LMIA under the in-home caregiver stream. Key rules include:

    • The $1,000 LMIA fee may be exempt for caregiving positions for persons with medical needs and childcare positions where household income is $150,000 or less
    • Applications requiring workers to live in the employer’s home are generally refused, unless the position serves clients with high medical needs or there are documented exceptional circumstances
    • Caregivers in the Low-Wage Stream are generally exempt from the regional unemployment freeze and workforce cap requirements

    Filipino Caregivers: The Caregiver Pilot Programs are designed with pathways to permanent residency, making them an attractive option for Filipino caregivers. JCA Law Office has extensive experience helping Filipino families navigate both the LMIA-based and pilot program pathways. Book a consultation to discuss which route is best for your situation.

    Common Reasons for LMIA Refusal

    Understanding why LMIAs get refused can help you avoid costly mistakes. Here are the most common grounds for refusal:

    1. Inadequate Recruitment Efforts

    • Advertisements did not run for the full 4 consecutive weeks
    • Fewer than 3 recruitment methods used
    • Job Bank posting not using the Job Match service
    • Did not invite 4-star+ Job Match candidates
    • Recruitment not ongoing at time of LMIA decision
    • Advertisements missing required details (wage, duties, location, etc.)

    2. Incorrect or Non-Competitive Wages

    • Wage offered is below the prevailing wage for the occupation and location
    • Wage in the advertisement does not match the LMIA application
    • Failure to update wages after the annual Job Bank data update

    3. Job Offer Not Genuine

    • The employer is not actively engaged in the business
    • There is no reasonable employment need for the position
    • The position was created primarily to facilitate a work permit rather than meet a genuine business need

    4. Regional Unemployment Restrictions

    • Low-wage application submitted for a CMA with unemployment ≥ 6%
    • This is an automatic refusal — no discretion involved

    5. Workforce Cap Exceeded

    • The employer already has 10% (or 20% for exempt sectors) of their workforce in low-wage TFW positions

    6. Employer Compliance Issues

    • Employer is on the IRCC ineligibility list due to past non-compliance
    • History of unpaid wages, misreporting, or failure to maintain proper records
    • Previous LMIA revoked within the past 2 years for providing false or misleading information
    • Employer found to have insufficient financial ability to pay wages for the employment duration

    7. Incomplete Documentation

    • Missing required documents or forms
    • Unsigned or incomplete application forms
    • Missing proof of business legitimacy

    Tips for Employers Hiring Filipino Workers

    Filipino workers are among the most sought-after foreign workers in Canada, known for their strong work ethic, English proficiency, and adaptability. Here are practical tips for Canadian employers looking to hire Filipino talent:

    1. Start the Process Early

    The LMIA process takes time. Between the 4-week advertising requirement, LMIA processing (44–50 business days), and the subsequent work permit application, the entire process can take 4 to 8 months. If the worker is applying from the Philippines, add time for visa office processing at the Canadian embassy in Manila. Plan accordingly.

    2. Work with an Immigration Lawyer

    The LMIA process is detailed and technical. A single error in your advertising, wage calculation, or documentation can result in refusal — and you would need to start the recruitment process over. An experienced immigration lawyer can ensure your application is complete, compliant, and positioned for approval.

    3. Offer Competitive Wages and Benefits

    The prevailing wage is the minimum, not the target. Offering competitive wages demonstrates genuine need and makes your application stronger. Consider offering benefits like health insurance, transportation support, and settlement assistance.

    4. Understand Cultural Considerations

    Filipino workers bring valuable cultural assets to Canadian workplaces. Understanding Filipino workplace culture can help build productive working relationships:

    • Respect for authority: Filipino workers may be reluctant to question instructions or report issues. Create an open, supportive environment where concerns can be raised safely.
    • Strong community ties: Many Filipino workers have obligations to family back home. Showing understanding of remittance needs and family commitments builds loyalty.
    • Avoid exploitative arrangements: Never require workers to pay recruitment fees, live in your home (unless the position genuinely requires it and meets exemption criteria), or accept wages below the prevailing rate. These practices are illegal and harm both the worker and your business.

    5. Keep Impeccable Records

    ESDC can inspect your compliance at any time. Maintain detailed records of:

    • All recruitment advertisements (with dates and screenshots)
    • Resumes of Canadian applicants and reasons for rejection
    • Pay stubs, work schedules, and employment contracts
    • Housing arrangements and inspections (Low-Wage Stream)
    • Transportation receipts (Low-Wage Stream)

    6. Plan for Pathways to Permanent Residency

    Many Filipino workers are seeking a long-term future in Canada. Supporting their path to permanent residency — whether through Provincial Nominee Programs, Express Entry, or Caregiver Pilots — helps you retain skilled, experienced workers and demonstrates your commitment to their wellbeing.

    7. Beware of LMIA Fraud and Scams

    Unfortunately, LMIA fraud is a significant issue that affects Filipino workers. Be aware of:

    • Ghost employers who charge fees for fake LMIA applications
    • Unlicensed recruiters who charge excessive placement fees
    • Wage theft schemes where the worker is promised one wage but paid less

    As a legitimate employer, working with a licensed immigration lawyer protects both you and the worker from these risks.

    Frequently Asked Questions

    How much does an LMIA cost?

    The LMIA processing fee is $1,000 per position. This fee is paid by the employer and cannot be recovered from the worker. Some positions are exempt from the fee, including primary agriculture and certain caregiver roles. Additional costs include recruitment advertising ($500–$3,000+) and legal fees.

    How long does the LMIA process take?

    Processing times vary by stream: approximately 50 business days for high-wage, 44 business days for low-wage, and 10 business days for the Global Talent Stream. Add 4 weeks for mandatory advertising and additional time for the subsequent work permit application. The total process from start to work permit issuance typically takes 4 to 8 months.

    Can I apply for an LMIA in Toronto for a low-wage position?

    As of January 9, 2026, Toronto remains ineligible for low-wage LMIA processing because the unemployment rate exceeds 6%. Exceptions exist for primary agriculture, certain healthcare positions, construction, and short-duration positions (120 days or less). The list is updated quarterly; the next review is April 10, 2026.

    What is the difference between an LMIA and a work permit?

    An LMIA is a document obtained by the employer confirming that hiring a foreign worker will not negatively impact the Canadian labour market. A work permit is obtained by the worker and authorizes them to work in Canada. The worker typically needs a positive LMIA before they can apply for a work permit.

    Can my worker change employers with an LMIA-based work permit?

    LMIA-based work permits are employer-specific, meaning the worker can only work for the employer named on the permit. If the worker wants to change employers, the new employer must obtain a new LMIA and the worker must apply for a new work permit.

    What happens if my LMIA is refused?

    If your LMIA is refused, you can address the issues identified and reapply. There is no formal appeal process, but you may request a reconsideration. You will need to pay the $1,000 fee again. If the refusal was due to inadequate advertising, you must conduct new recruitment for the full 4 weeks before reapplying.

    How long is a positive LMIA valid?

    A positive LMIA is valid for 6 months from the date of issuance (reduced from 18 months under previous rules). The worker must apply for their work permit within this window. If the LMIA expires before the work permit is obtained, the employer must apply for a new LMIA.

    Do I need an LMIA to hire a Filipino caregiver?

    Not necessarily. The Home Child Care Provider Pilot and Home Support Worker Pilot allow caregivers to come to Canada without an LMIA. The caregiver applies directly with a qualifying job offer. However, if the caregiver does not meet the pilot program requirements, the employer may need to obtain a traditional caregiver LMIA.

    How JCA Law Office Can Help

    At JCA Law Office Professional Corporation, we have extensive experience helping Canadian employers navigate the LMIA process and hire Filipino workers. Our services include:

    • LMIA Application Preparation: Complete preparation and submission of your LMIA application, including recruitment strategy, advertising compliance, wage analysis, and documentation
    • Stream Selection Strategy: Advising on whether the High-Wage, Low-Wage, Global Talent Stream, or an LMIA-exempt pathway is best for your situation
    • Work Permit Applications: Assisting the worker with their work permit application after LMIA approval
    • Compliance Support: Helping employers maintain records and meet ongoing TFWP compliance requirements
    • Caregiver Programs: Guiding families and caregivers through both LMIA-based and pilot program pathways
    • Permanent Residency Pathways: Planning for the worker’s transition from temporary work permit to permanent residence through Express Entry, PNPs, or Caregiver Pilots

    As a Filipino-Canadian law firm, we understand the unique dynamics of hiring Filipino workers and can bridge the cultural and legal gap to ensure a smooth process for both employers and workers.

    Ready to Start Your LMIA Application?

    Whether you are a Canadian employer looking to hire Filipino talent or a Filipino worker seeking guidance on the LMIA process, JCA Law Office is here to help. Our team provides personalized, culturally sensitive legal services in English, Filipino, and Tagalog.

    Call us at (647) 361-7513 or email info@jcalaw.ca

    Official Government Resources:

  • 17 Million people have immigrated to Canada since 1967

    17 Million people have immigrated to Canada since 1967

    Canada is a nation of Immigrants

    Canada is a nation composed mostly of immigrants. If you’re not indigenous, then you or your family originally came here from another country like the Philippines, China, Korea, Brazil, France, Egypt, Iran, and Saudi Arabia and almost all over the world.

    In fact, 17 million people have immigrated to Canada since 1867. Some fled war or poverty, others just wanted more lucrative jobs. All sought a better life. And Immigration policy keeps changing based on the experiences and a necessity to improve the protocols.

    When it comes to weather, we have four seasons, and at this moment, it is winter. Canada is cold during this season but still, people from different parts of the world want to come here despite the weather and the challenges they may encounter as they move forward.

    New immigrants can feel isolated, lonely, and homesick during the first year of their stay in Canada. A year and not so easy adjustment to some people. Canada is a country where we believe that our lives will be better, our dreams would be fulfilled. Our families will enjoy what Canada could offer to us.

    If we are not indigenous then we are all Immigrants

    Where are you from? Is this the question coming from the Immigrant himself? Is this good or bad? What do you think?

    Some people were intimated when someone is asking that. Some were okay because, for them, people are just curious about your origin. Some people are just looking for acquaintances with the same country, color, and culture. In short, some of them are looking for a specific group whom they are comfortable to hang out with the same ethnicity and geographical background.

    You said no, do you have another thing in mind? I know there are some people are here just to annoy, bully some new immigrants to prove that they are stronger, higher class immigrants compared to those they want to intimidate.

    Believe me, these are just a few reasons why they are asking a question like “Where are you from?” Not definitely bad at all, because some of those people are asking out of some reasons and curiosity.

    The 1st generation Immigrants experienced the hardest life when it comes to work and economic struggles.

    The first generation immigrants, like me, are the one who will experience the hardest challenges. We are looking for a way to give our family the basic commodities and a need to live on a daily basis. Our characters will be challenged if we wrestle the economic difficulties and find ways to make our lives better, productive and fulfilling.

    Their children, my children are also faced with some interesting questions about their cultural identities, clashing with us, their parents over values. Many struggles to redefine themselves later as adults more comfortable with their backgrounds. But most respect their parents and are grateful for the lessons we taught them.

    I am an immigrant, too!

    I have three boys, Terenz, Daren, and Clarenz who came with me to Toronto, Canada. They were grown good-looking and strong teenagers now. On their first year, it was a mixed emotion because everything is new and curiosity is always there. They were happy and nervous at the same time because of the new environment, new schoolmates and different skin colors or nationalities.

    After seven years here in Canada, they have so many questions about the diversities and dream job. How they can be financially secured and what programs do they need to take in order to get the high-paying jobs? It is hard to tell because even me, I need to pause and think to answer their questions. And I asked the same thing about it, would it be marketable after they completed it? Will it be a question too of whom you know inside in order for you to get the job you want?

    Where are you from? This question sometimes raised fear, intimidation, and curiosity. To some, it is just a way of finding peers or group that could understand your traditions and share the values you grew up from your hometown. And I have so many good memories from home. To answer the question, We are from Cabanatuan City, Nueva Ecija and it is 4 hours drive from Manila. The answer is just simple but if you are new in this country, you are hesitated. it has so many chunks of reservation if you will reply or walk away

    Believe me, it is not easy at first to become an immigrant but given the right resources, right people, and connection. Canada has a lot to offer!

    Equip our children with the tools to use while they are growing up.

    So many questions, pending answers but it is you and our children can answer all of these based on their experiences. As parents, let us give them the tools, values and kind words to use in their daily lives. Carrying those values and tradition will make a better change. Canada has a different culture because of diversities and each color represents the good traditions from their own hometown. For this reason, be understanding and learn how to deal and get along with these amazing people.