For Canadian families hiring caregivers, a Labour Market Impact Assessment (LMIA) is often the most important step. But many employers wonder: How flexible is an LMIA once it’s approved?
The truth: while some elements are fixed, others can be adjusted — as long as you follow the rules.
1. Flexibility With the Worker’s Name
Employers can add, remove, or change the caregiver’s name on a positive LMIA, provided that:
- The LMIA is still valid (up to 6 months).
- A work permit application has not been submitted or issued.
- The request is made at least 15 business days before expiry.
This requires submitting Form ESDC-EMP5661 to Service Canada. Quebec employers must also notify MIFI.
2. Limited Flexibility With Job Details
Some changes require a new LMIA, especially if they are considered “material modifications.” This includes:
- Changing the employer.
- Moving the caregiver to a different economic region.
- Adjusting wages below the provincial median.
- Altering the NOC code or main job duties.
Minor updates — such as small wage increases or clarifications — may be accepted without a full re-application.
3. Contract and Compliance Flexibility
Employers must honour the employment contract filed with the LMIA. But within Canadian labour laws, there is flexibility:
- Families can end the employment relationship if it’s no longer a good fit, as long as labour standards (notice or termination pay) are respected.
- Employers can increase wages, improve benefits, or offer more hours without needing a new LMIA.
4. No Flexibility on Fees
The $1,000 LMIA processing fee is non-refundable. Even if you change your mind, withdraw the application, or replace the caregiver, the fee is not returned.
Key Takeaways
- Yes, LMIAs have some flexibility: you can change the worker’s name and improve job conditions.
- No, LMIAs are not fully flexible: major changes usually require a new LMIA.
- Employers remain responsible for compliance with wages, benefits, and working conditions.
👉 Families should view the LMIA as a commitment with some flexibility, not as a rigid, permanent contract.