If your Canadian work permit is expiring soon, you may be wondering what to do next. For many foreign workers, including Filipinos, this situation can feel overwhelming. Fortunately, there are still legal pathways and practical solutions available.
Why This Issue Matters Right Now
In recent months, Canada has introduced significant changes to its immigration policies. These updates have tightened eligibility and reduced access to common pathways for foreign workers. Stricter approvals for Labour Market Impact Assessments (LMIAs) have made it harder for employers to support foreign hires. At the same time, eligibility for Post-Graduation Work Permits (PGWPs) has been reduced, particularly for students graduating from private colleges. Additionally, fewer invitations to apply for permanent residency are being issued through Express Entry, and the Provincial Nominee Program (PNP) allocations have been lowered in several provinces. Because of these policy shifts, many workers are now facing expiring permits with fewer backup options. But the good news is, you’re not out of choices yet.
Common Scenarios Workers Face
Many individuals find themselves in one of the following situations:
A closed work permit is expiring, and the employer did not or were not able to renew their LMIA
A PGWP is ending, and the worker hasn’t yet received an Invitation to Apply (ITA) for PR
A PR application is still pending, but the current permit is about to expire
The worker has already lost their status and isn’t sure how to regain it
These are common, and they each come with specific options and timelines to consider.
Your Five Main Options
Apply for a Work Permit Extension If you receive a new job offer from an employer with an approved LMIA, you can apply for a work permit extension. You can also extend your status if you’re eligible for an open work permit—for example, as the spouse of a PR applicant or international student. If you apply before your permit expires, you may benefit from implied status, which allows you to stay and continue working while your application is processed.
Switch to a Different Status If an extension isn’t possible, you can apply to change your status to a visitor. This won’t allow you to work, but it will help you stay in Canada legally while you consider your next step. Another option is to apply for a study permit, particularly if you plan to pursue a program that could lead to permanent residency later.
Apply for Permanent Residency Even with an expiring permit, you may qualify for PR through:
Express Entry (especially if you have Canadian work experience)
Provincial Nominee Programs (PNPs)
Francophone mobility streams for French-speaking applicants
Immigration Pilot Programs (For caregivers, Construction Workers, etc)
Each program has its own criteria for language, education, and job experience. It’s important to review them carefully and see which ones apply to you.
Restore Your Status If your work permit expired less than 90 days ago, you can apply to restore your status as a worker, student, or visitor. However, while waiting for approval, you won’t be allowed to work. You must submit a complete application with the right documents, including proof that you qualify for the new status you’re requesting.
Leave and Reapply from Outside Canada In some cases, the best option is to leave Canada and reapply from abroad. This may apply if you’re beyond the 90-day restoration period or if no in-Canada pathways are currently available to you. Reapplying from outside Canada can offer a fresh start, but it also comes with delays and no guarantee of approval.
Special Programs That May Help
Aside from the main pathways, several special programs may help certain applicants:
Francophone Mobility Program – Offers LMIA-exempt open work permits for French-speaking applicants working outside Quebec. To qualify, you have to have NCLC Level 5 for speaking and listening.
Out-of-Status Caregiver Stream (HCWIP)– Available to caregivers who entered Canada on or before December 16, 2021. This stream opened and closed on March 31 2025. It’s important to wait for updates for this program and maybe there’s a chance to apply again.
Out-of-Status Construction Workers– The IRCC has announced that it intends to introduce measures to support Canada’s construction industry and that includes a regularization pathway for out-of-status construction workers, and support for foreign apprentices. Be sure to watch out for news on this pathway.
Canada occasionally introduces new public policies in response to labour shortages or humanitarian needs. Staying informed can open unexpected doors.
With this, if your work permit is expiring, do not panic, but don’t delay either. You have options, but most of them depend on timing, preparation, and documentation.
Be sure to track your expiration date. Explore your eligibility for other programs. Keep your documents up to date. And when in doubt, seek guidance from reliable sources or licensed professionals.
By taking action early, you can protect your future in Canada and continue building the life you’ve started.
For assistance on your permit or to book a consultation, reach out to JCA LAW—your trusted Filipino legal experts in Canada.
Effective today, March 25, 2025, job offers will no longer contribute additional Comprehensive Ranking System (CRS) points to candidates in the Express Entry pool — a change expected to reshape how applicants plan their path to permanent residency. This change follows IRCC’s December 23, 2024 announcement aimed at curbing fraud related to job offers and LMIAs.
The measure specifically targets the misuse of Labour Market Impact Assessments (LMIAs) and arranged employment offers, which have increasingly been subject to fraudulent practices. By removing the incentive to purchase fake or unverifiable job offers, IRCC aims to uphold the integrity of the immigration process and ensure that only legitimate candidates are rewarded.
The policy will affect:
Current Express Entry candidates with valid job offers: Points associated with their arranged employment will be deducted from their CRS score starting March 25. The update may take a few days to reflect in the profile.
Future applicants: As of the effective date, new profiles will no longer receive CRS points for job offers.
Candidates without qualifying job offers: No additional points will be awarded moving forward.
However, applicants with an active Invitation To Apply or ITA that has not expired or been declined will not be affected by the change. Their invitation remains valid for that specific round.
Job Offers Still Matter
While job offers will no longer affect CRS scores, they remain relevant for other federal and provincial immigration programs. IRCC clarified that arranged employment will still play a role in:
The Federal Skilled Worker Program (as part of its selection grid),
The Federal Skilled Trades Program, and
Provincial Nominee Programs (PNPs), where a valid job offer can be a key criterion for eligibility or selection.
Express Entry profiles should still include any valid job offer details to maintain eligibility for these streams.
For many Filipinos in Canada, particularly temporary foreign workers and international students hoping to transition to permanent residency, this represents a paradigm shift. With job offers becoming a less influential factor, candidates must now invest more effort in improving their core profile.
While this update may seem discouraging to some, it ultimately aims to protect the integrity of Canada’s immigration system. Fraudulent practices involving job offers not only undermine fairness but also put genuine applicants at risk.
For more information on Canadian immigration programs or to book a consultation, reach out to JCA LAW—your trusted Filipino legal experts in Canada!
Note: Immigration policies and procedures are subject to change. It’s advisable to consult the official IRCC website or seek professional advice for the most current information.
Every year, thousands of foreign workers come to Canada holding a temporary work permit. As we all know, there are several steps before you could enter Canada as a worker. In general, the employer needs to secure the LMIA Approval and the worker needs to secure his work permit. In between those two major phases, there various application forms to be filled out and several supporting documents require proper assessment.
Are you interested in Labour Market Impact Assessment? Click here!
There are two (2) types of work permits:
1. Open Work Permits
2. Employer-specific Work Permits.
1. An open work permit allows you to work for any employer in Toronto or within Canada, except for the employer listed below:
The list of employers who have failed to comply with the conditions instructed by Immigration Canada.
Employers who regularly offer striptease, erotic dance, escort services, and erotic massages.
Who could apply for an open work permit?
Open work permit is applicable to you if you:
Are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program (PGWP) are a student who is no longer able to meet the costs of your studies (destitute student)
A permanent resident in Canada
Are a dependent family member who is a permanent resident
Are the spouse or common-law partner of a skilled worker or international student
Are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
Are a refugee, refugee claimant, protected person or their family member
Are under an unenforceable removal order
Are a temporary resident permit holder
Are a young worker participating in special programs. In each of these situations, you must meet additional criteria to be eligible.
2. An employer-specific work permit allows you to work according to the conditions on your work permit, which include:
the name of the employer you can work for how long you can work
the location where you can work (if applicable)
Are you looking to get a work permit or bridging open work permit?
There are some types of work which may not require a work permit.
Application can be made online or via paper application.
It may seem easy but why not use an extra-hand from someone who is experts with the processing? We at JCA Law can assist you!
IMPORTANT QUICK UPDATE:
If you are in Canada and you apply for an initial work permit, and you received a biometrics instruction letter from CIC, you may need to leave Canada to give biometrics.
Don’t travel to the U.S. if you are only going to give biometrics. The U.S. border officials may not let you enter the country. You can only give biometrics at an Application Support Center in the U.S. if you are already legally in the U.S.
Instead, go to a visa application centre (VAC) in any country that you can legally enter, such as your home country.
Did you receive a Canadian Job Offer?
If you did, great! First, you need to secure your work permit in order to work legally in Canada.
Processing time for application for a work permit is from 4 weeks to 6 weeks.
If you are an employer who needs a temporary work permit for the new employees, JCA Law Office Professional Corporation application both for you and your foreign worker.
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 / Territory
Median 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
Feature
High-Wage Stream
Low-Wage Stream
Wage Requirement
At or above provincial median
Below provincial median
Transition Plan
Required (plan to reduce reliance on TFWs)
Not required
Workforce Cap
No cap
10% of workforce (20% for construction, food manufacturing, hospitals, nursing facilities)
Work Permit Duration
Up to 2 years
Up to 1 year
Regional Restrictions
Generally not affected by regional unemployment
Refused in CMAs with unemployment ≥ 6%
Housing Requirement
Not required
Must provide or ensure affordable, suitable housing (< 30% of pre-tax income)
Transportation
Not 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:
The Job Bank median wage for the specific occupation and work location, OR
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)
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.
Requirement
Details
Job Bank Posting
Mandatory for all LMIA applications. Must use the Job Match service.
Additional Methods
Minimum 2 other methods (High-Wage: 1 must be national in scope; Low-Wage: must target underrepresented groups)
Duration
Minimum 4 consecutive weeks within 3 months before LMIA submission
Ongoing Recruitment
At least 1 method must remain active until LMIA decision
Job Match Invitations
Must invite all 4-star+ candidates within first 30 days
Record Keeping
Must maintain records of all recruitment efforts for inspection purposes
Primary Agriculture
As of January 1, 2026, proof of advertisement submission is required again (reinstated)
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:
Look up the Job Bank median wage for the specific NOC code and work location
Compare this to the wage you currently pay existing employees in the same role
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
Change
Details
Effective Date
LMIA Validity Reduced
Positive LMIAs now valid for 6 months (down from 18 months)
2024
Regional Unemployment Freeze
Low-wage LMIAs refused in CMAs with unemployment ≥ 6%
September 26, 2024
Workforce Cap Reduced
Low-wage TFW cap reduced to 10% of workforce (from 20%)
2024
Work Permit Duration Cut
Low-wage work permits reduced to 1 year (from 2 years)
2024
8 Regions Reopened
Low-wage processing resumed in 8 CMAs where unemployment dropped below 6%
January 9, 2026
Agriculture Advertising Reinstated
Primary agriculture LMIA applications must include proof of advertisement
January 1, 2026
TFWP Admissions Target
LMIA-based work permits capped at 60,000 for 2026 (down from 82,000)
2026
Priority Processing
Expedited processing for healthcare, technology, and engineering occupations
2026
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 Item
Amount
Notes
LMIA Processing Fee
$1,000 per position
Non-refundable (except for payment errors). Cannot be recovered from the worker.
Fee Exemptions
$0
Primary 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 Fees
Varies
Immigration lawyer fees for LMIA preparation and submission
Housing (Low-Wage)
Varies
Employer must provide or ensure suitable, affordable housing
Transportation (Low-Wage)
Varies
Employer must pay round-trip transportation to and from Canada
Health Insurance
Varies
Private 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 Stream
Processing 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:
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
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.
