New LMIA Requirements Favour In-Canada Foreign Workers

Under the change, employers must now consider all applications submitted through Job Bank’s Direct Apply feature as part of their LMIA recruitment efforts. This feature lets any job seeker authorized to work in Canada, not just Canadian citizens or permanent residents, apply directly to job postings. 

This article breaks down what the changes mean for in-Canada applicants, pending LMIA job offers, and employer obligations under the updated rules. 

Key Takeaways 

• Any job seeker authorized to work in Canada can apply directly to Job Bank postings via the new Direct Apply feature. 
• Direct Apply adds to, not replaces, existing employer recruitment obligations. 
• Those with work authorization can use Direct Apply and other Job Bank tools to find jobs where employers seek foreign workers, overcoming the Canadian work experience obstacle. 
• Pending LMIA job offers may be more likely to fall through as employers are obliged to consider Direct Apply applicants. 

LMIA Recruitment Requirements 

As a general rule, employers applying for an LMIA must show that no Canadian citizen or permanent resident is available to fill the position. To do this, they must: 

• Advertise the job on Canada’s Job Bank or provide a written rationale if using a different platform. If using Canada’s Job Bank, they must specify whether they are recruiting internationally for the position. 
• Use at least two additional recruitment methods that align with the requirements of the LMIA stream they are applying under. 
• Post job advertisement for a minimum of four consecutive weeks within the three months before submitting the LMIA application. 
• Keep at least one posting activity active until a decision on the LMIA is issued.

What’s New with the Direct Apply Feature? 

On top of the existing LMIA recruitment requirements, employers must now consider all applications submitted through the Direct Apply feature. 

The Direct Apply feature allows registered job seekers who are authorized to work in Canada to apply directly to a Job Bank posting by submitting their resume via Job Bank, rather than being redirected to an external site. 

Because anyone with valid work authorization in Canada (not just Canadian citizens or permanent residents) can apply through Direct Apply, employers must be able to show that they have reviewed and considered these applicants as part of their recruitment efforts, thus expanding their obligations.  

If an employer disables Direct Apply or fails to consider applications received through it, their LMIA application could be rejected for not meeting recruitment requirements. 

How Those in Canada Can Use This Update to Their Advantage 

The Direct Apply feature on Job Bank creates new opportunities for job seekers already in Canada with valid work authorization, considering the employer must consider their application.

When posting a job, employers must indicate whether they are recruiting international candidates. Combined with the pending LMIA tag, this allows in-Canada applicants with work authorization to easily filter for jobs where employers are actively seeking foreign workers. 

For many candidates, this is especially valuable because it often signals a willingness to consider applicants who may lack extensive Canadian work experience, a common barrier for newcomers. 

Although every application submitted via the Direct Apply feature must be considered, job seekers should only apply to positions for which they are genuinely qualified, rather than applying to as many jobs as possible. Taking the time to tailor applications, aiming for quality over quantity, could pay off in the long run.

Check out our resources on finding jobs in Canada, including guides on resumes, cover letters, and interviews.

New Challenges for Those Relying on Pending LMIA Job Offers 

Whilst this update is promising for those already in Canada with work authorization, it creates new challenges for individuals outside Canada who have been offered a job that is listed on Job Bank and needs an LMIA to get a work permit. 

Because employers must review all applications submitted through Direct Apply, there is a greater chance they might find a qualified candidate already in Canada before the LMIA is approved. If that happens, the employer may hire someone local who can start right away, putting the original job offer at risk. 

What This Means for Employers? 

For employers, this means a new level of responsibility. They must consider all applications received through Direct Apply, regardless of whether the applicant is a citizen, PR, or temporary resident with work authorization. 

When considering an application, employers are expected to assess the applicant’s credentials against the job’s duties and requirements. However, there is no obligation at this stage to conduct interviews with applicants who apply via the direct apply option, but the employer should be prepared to explain why a qualified applicant was not interviewed. 

The Direct Apply option is enabled by default. If it is disabled or if an employer fails to consider applications submitted through Direct Apply, the LMIA could be refused.