Canadian businesses facing sudden labour shortages due to immigration enforcement can leverage priority LMIA streams to replace deported workers. Submitting an expedited application through Employment and Social Development Canada (ESDC) currently incurs a government processing fee of $1,000 CAD per position requested.
When the Canada Border Services Agency (CBSA) conducts workplace enforcement, a business can instantly lose critical members of its workforce. Whether these employees were working without authorization or overstayed their legal visas, their sudden deportation can halt assembly lines, disrupt supply chains, and devastate daily operations 🚨. For companies caught in this crisis, standard hiring processes are simply too slow to prevent massive financial losses.
Historically, the federal government has offered expedited avenues to legally import foreign talent when local hiring fails . By utilizing priority processing streams for a Labour Market Impact Assessment (LMIA), employers can rapidly secure approval from Employment and Social Development Canada (ESDC). Navigating these accelerated streams requires extreme precision, and many corporations rely on a specialized business immigration law firm to ensure full compliance and avoid further government scrutiny.
Step-by-Step Process for Expedited LMIA Processing in Canada
Whether your manufacturing plant is in Mississauga, your tech firm is in Montreal, or your agricultural business is in Alberta, recovering your workforce legally follows a strict federal pathway 📍. Here is how employers can fast-track the replacement of deported staff.
Step 1: Identifying the Correct Priority Stream
Not every job qualifies for fast-tracking. You must determine if your open positions fit into the Global Talent Stream (for highly skilled tech workers), the Short-Duration Work stream (for urgent repairs or short projects under 120 days), or specific priority agricultural streams. If the position is in high demand and offers wages in the top 10% of your province, it may also qualify for a 10-day expedited processing standard.
Step 2: Conducting Mandatory Recruitment
Even in an emergency, ESDC strictly requires employers to prove they attempted to hire Canadians or permanent residents first . You must post the job on the federal Job Bank and at least two other prominent platforms. For high-wage LMIAs, this advertising must run for at least 4 weeks (28 days). However, for low-wage LMIAs, the advertising requirement is doubled to a minimum of 8 consecutive weeks (56 days). Under the Global Talent Stream, the advertising requirements are significantly altered or waived entirely, saving crucial weeks.
Step 3: Drafting the LMIA Application
Your HR department or retained law firm must meticulously draft the LMIA application. You must detail the business necessity of the role, the financial health of your company, and prove that you will pay the prevailing Canadian wage for that specific occupation. Any discrepancies in the application can lead to instant rejection, which is disastrous during a labour crisis.
Step 4: Submitting via the LMIA Online Portal
Once finalized, the application is uploaded through the secure federal LMIA Online Portal 💻. When selecting the stream, ensure you correctly categorize the application to trigger the expedited 10-business-day processing queue. Your corporate credit card will be charged the mandatory federal fee at this stage.
Step 5: Facilitating the Closed Work Permit
Once ESDC issues a positive LMIA, you must immediately transmit the approval letter and the LMIA number to your prospective foreign worker. The worker then applies to Immigration, Refugees and Citizenship Canada (IRCC) for an employer-specific (closed) work permit. If the worker is from a visa-exempt country, they may be able to apply directly at a Canadian Port of Entry for immediate processing.
How Much Does it Cost in Canada?
Expediting the hiring of foreign workers involves non-refundable federal fees and necessary legal expenses to ensure compliance 💰.
- ESDC Processing Fee: The government charges a strict fee of $1,000 CAD for every single position requested on an LMIA application.
- IRCC Work Permit Fee: The prospective worker must pay a standard work permit processing fee of $155 CAD.
- Law Firm Retainers: Engaging an immigration law firm to handle a complex or expedited LMIA application generally costs between $3,500 and $6,500 CAD in professional fees.
| Standard High-Wage LMIA | Several months | Mandatory 4 weeks (28 days) |
| Global Talent Stream (GTS) | Targeted 10 business days | Waived or modified |
How Long Does the Process Take?
Under normal circumstances, an LMIA can take 3 to 6 months to process. However, if your business qualifies for the Global Talent Stream or the top 10% wage expedited stream, ESDC aims to process the application within 10 business days 🕑. After the LMIA is approved, the IRCC work permit processing time varies depending on the worker’s home country, ranging from a few days (if applied at the border) to several weeks (if applied online from abroad).
Frequently Asked Questions (FAQ)
Will past immigration raids affect my new LMIA application?
Yes, potentially. ESDC heavily scrutinizes companies with a history of non-compliance. If your business was recently penalized by the CBSA for hiring undocumented workers, your LMIA application may trigger a complex Employer Compliance Review.
Can we legally re-hire the deported worker through an LMIA?
It is extremely difficult. A deported worker generally requires an Authorization to Return to Canada (ARC) before they can re-enter the country. Securing an ARC is a lengthy, discretionary process that defeats the purpose of expedited hiring.
Do we have to pay for the worker’s flight to Canada?
It depends on the stream. Under the Low-Wage LMIA stream and the Primary Agriculture stream, employers are legally required to pay for the foreign worker’s round-trip transportation. High-wage streams generally do not have this requirement.
What happens if our expedited LMIA is refused?
If ESDC issues a negative LMIA, the $1,000 CAD government fee is not refunded. You cannot appeal the decision, but you can immediately submit a brand new application with corrected information, paying the fee a second time.
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