For Canadian families hiring a caregiver through a Labour Market Impact Assessment (LMIA), a common worry is: Am I tied to this worker forever once the LMIA is approved?
The answer is no — while an LMIA is a serious commitment, employers still have rights and options.
1. LMIAs Are Worker-Specific, But Flexible
A positive LMIA is normally linked to:
- The employer (family hiring the caregiver).
- The position (job duties, wages, and location).
- The worker’s name — though this can be changed if certain conditions are met.
👉 Employers can request a name change on the LMIA before expiry if the worker has not yet received a work permit. This is done by submitting Form ESDC-EMP5661 to Service Canada (Quebec employers must also notify MIFI).
2. Employment Contracts and Termination Rights
Once a caregiver arrives and starts working, the employer is required to:
- Honour the contract terms (wages, hours, benefits).
- Provide a safe and fair workplace.
However, employers still have the right to end the employment relationship if things do not work out, as long as:
- Provincial labour standards are followed (termination notice or pay in lieu).
- The caregiver is treated fairly and respectfully.
3. When a New LMIA Is Required
If an employer wants to hire a different caregiver after termination, they may need to apply for a new LMIA, unless the original LMIA is still valid and eligible for a name change.
Major job changes — such as altering the NOC code, lowering wages, or moving to a different region — almost always require a new LMIA.
4. Employer Compliance Obligations
Employers are not tied forever, but they are accountable. Service Canada may inspect employers to ensure they:
- Paid the promised wages.
- Provided agreed benefits.
- Did not charge recruitment or LMIA fees to the caregiver.
Non-compliance can result in fines, blacklisting, or bans on hiring foreign workers.
Key Takeaways
- Employers are not tied to a caregiver forever.
- The LMIA is specific, but the worker’s name can be changed before work permit approval.
- Employers can end employment if needed, following labour laws.
- A new LMIA may be required to hire a replacement caregiver.
👉 Families should treat the LMIA as a serious but flexible tool — one that balances employer rights with caregiver protections.