Effective immediately, employers hiring through Labour Market Impact Assessment (LMIA)-based jobs must activate the “Direct Apply” feature on Canada’s National Job Bank. This change is now a mandatory advertising requirement for receiving a positive LMIA decision.
Employers must not only enable Direct Apply but also consider every application submitted through it. Failing to consider resumes submitted via Job Bank may result in non-compliance, which could lead to the denial of the LMIA application.
Jane Katkova & Associates, Canadian Immigration Law Consultants, emphasize the importance of understanding these new requirements to avoid costly mistakes and delays in the hiring process.
What This Means for Employers
For employers, this new rule introduces a higher level of scrutiny in the recruitment process.
Previously, employers were already required to:
- Advertise LMIA-based positions on Job Bank for at least four consecutive weeks, and
- Use at least two additional recruitment methods (e.g., LinkedIn, company website, industry job boards).
However, enabling Direct Apply was optional under the old system.
Now, under the new framework:
- Direct Apply is mandatory.
- Employers must review and consider all resumes submitted through Job Bank.
- Failure to do so may result in the rejection of an LMIA application.
Additionally, Direct Apply can be applied retroactively to job postings already live on Job Bank, meaning employers must ensure compliance for both new and existing advertisements.
Jane Katkova and her team advise employers to carefully track, review, and document their recruitment efforts to ensure full compliance with LMIA advertising rules.
Consequences of Non-Compliance:
Employers who ignore the new requirements face strict consequences:
- Job postings with Direct Apply disabled will be flagged and restricted on Job Bank.
- Ignoring applications from Canadian citizens or permanent residents submitted through Job Bank may result in the disqualification of postings.
- Restrictions may prevent employers from meeting the four-week minimum advertising period, which can result in a failed LMIA application.
Even with Direct Apply enabled, employers are still expected to provide two additional methods of application beyond Job Bank – such as their corporate website or a LinkedIn posting.
Why This LMIA Change Matters:
The Temporary Foreign Worker Program (TFWP), which processes LMIA-based work permits, has been under political and public scrutiny. Critics argue that some employers over-rely on foreign workers instead of making genuine efforts to hire Canadians and permanent residents first.
By making Direct Apply mandatory, the federal government aims to:
- Ensure Canadian applicants are fairly considered,
- Increase transparency in the recruitment process, and
- Reduce reliance on temporary foreign workers amid concerns about housing and affordability.
This policy shift reflects Ottawa’s broader strategy to balance labour shortages with domestic workforce opportunities. Employers must now be especially diligent in how they advertise and document their recruitment efforts.
Impact on Job Seekers:
For job seekers, the new Direct Apply requirement creates a more accessible and convenient process. With a Job Bank Plus account, candidates can:
- Submit resumes directly through Job Bank,
- Avoid the need to register on multiple company-specific portals, and
- Apply faster and more efficiently.
This feature saves time and reduces barriers for both Canadian and international job seekers, while providing employers with a more streamlined pool of applicants to consider.
Final Thoughts: How Jane Katkova & Associates Can Help:
Navigating Canada’s immigration and employment regulations is complex, and LMIA requirements have only become stricter with the introduction of Direct Apply. For employers, a simple oversight – such as failing to enable Direct Apply or neglecting to review submitted resumes – can result in a rejected LMIA application, delays in hiring, and serious business consequences.
With decades of experience in immigration law and employer compliance, Jane and her team provide expert guidance in:
- Evaluation of the Employer’s eligibility to apply for LMIA
- Identifying the correct LMIA stream (High-Wage, Low-Wage, Global Talent Stream, Caregiver)
- Assessment of Median Wage offered for the Foreign Worker for job offer compliance
- Advising on the likelihood of approval based on the Employer’s history, number of employees, etc.
- Developing a tailored hiring and immigration strategy aligned with the Employer’s needs;
- Assessing the Foreign Worker’s eligibility for the application for the Work Permit as a part of the overall strategy;
- Review of the Job Offer to ensure the job description meets ESDC requirements (Duties, wage, NOC code alignment)
- Guidance of the Employer through mandatory recruitment efforts, including advertising on all necessary platforms;
- Assisting with the preparation of the advertising content to ensure compliance;
- Maintain recruitment efforts and candidate interview notes, required for submission;
- Prepare and compile financial documents, business licenses, tax records, and operational evidence to prove business legitimacy;
- Provide checklists and templates for internal record keeping.
- Complete and review all LMIA application forms;
- Assemble supporting documentation, package, including proof of recruitment, recruitment efforts report, etc;
- Draft the Employer’s submission letter;
- Act as the authorized representative of the Employer in dealings with ESDC;
- Submit the LMIA application to ESDC/Service Canada for processing.
- Provide legal arguments if special circumstances exist; ensure the continuity of the advertisement throughout the process to avoid unforgivable gaps.
- Prepare the Employer for an interview with ESDC/Service Officer;
- Advice on Employer’s obligations under LMIA;
When your business depends on securing the right talent, Jane Katkova & Associates can help you navigate the LMIA process with confidence and precision, clear picture and potential timeline for your case, book an online consultation without delay!
If you have a general inquiry feel free to reach out to us by phone, chat or email
