Hiring Foreign Caregivers

Does an LMIA Lock Employers In? What Families Need to Know Before Hiring a Caregiver

For many Canadian families, applying for a Labour Market Impact Assessment (LMIA) is a key step in hiring a foreign caregiver. A common concern is: Once I have an LMIA, am I locked in to this process or caregiver?

Here’s the updated, factual breakdown.

1. What an LMIA Actually Approves

An LMIA is:

  • Employer-specific – tied to the family who applied.
  • Position-specific – tied to the wage, duties, and location of the caregiver job.
  • Worker-specific – but employers can request to change the named caregiver under certain conditions.

2. Can Families Change the Caregiver Named on an LMIA?

Yes — employers can add, remove, or change the caregiver’s name on a positive LMIA if certain conditions are met:

  • The LMIA is still valid (typically up to 6 months).
  • The change request is submitted at least 15 business days before the LMIA expires.
  • A work permit application has not yet been submitted or issued based on the LMIA.

Employers must submit Form ESDC-EMP5661 to the same Service Canada processing centre.

👉 Families in Quebec must also notify MIFI.

3. When a New LMIA Is Required

If you need to make material changes to the job offer, you generally need a new LMIA. This includes:

  • Changing the employer.
  • Changing the NOC code or core job duties.
  • Changing the location to a different economic region.
  • Reducing wages, hours, or benefits below approved levels.

4. What Happens if Employers Back Out?

  • The $1,000 LMIA fee is non-refundable, even if you decide not to hire.
  • Employers who misuse the LMIA process or break contract terms risk being placed on the Employer Blacklist or facing fines.
  • Compliance inspections are possible — employers must keep records and follow through on commitments.

Key Takeaways

  • An LMIA is tied to the employer, job, and named caregiver, but the caregiver’s name can be changed if conditions are met.
  • A new LMIA is required for material job changes.
  • Families should be confident in their hiring decision before applying, since the fee is non-refundable.

👉 If you’re preparing to hire a caregiver, post your job with LMIA requirements in mind and keep your options open if the first match doesn’t work out.