Employers looking to hire a foreign worker are required to comply with immigration laws and regulations, which means hire only individuals with a Canadian work permit.
Most job positions and foreigners require an LMIA and a Work Permit; some jobs require a work permit only, while others do not require a work permit at all.
- LMIA
What is a Labour Market Impact Assessment (LMIA)?
A Labour Market Impact Assessment (LMIA) may be a required document to have if a Canadian employer is looking to hire a foreign worker.
A positive LMIA indicates that the foreign worker is needed in order to fill an opening in the Canadian job market, meaning that a Canadian worker, permanent resident or Citizen is not able to do the job.
The first step is for the Employer to apply for LMIA, after a positive LMIA – the candidate can apply for a work permit.
A foreign worker needs the following documents to apply for the work permit.
- An official job offer letter,
- The contract,
- Copy of the LMIA
- A positive LMIA number
What are the different types of LMIA?
1. Support Work Permit Applications
The LMAI helps a work permit application under the Temporary Foreign Worker Program. After receiving this document, you can apply for a work permit.
2. LMIA For PR, Support Permanent Residence Applications
This LMIA document helps permanent residence applications in Canada. Further, if the permanent residence is based on Express Entry, the foreign worker gets rewarded with 50-200 CRS points based on the NOC code.
3. Support Both Permanent Residence & Work Permit Applications
This particular LMIA supports work permit applications besides the permanent residence applications.
LMIA Requirements For Employers
For hiring any foreign worker, the employer has to send an application to Employment and Social Development Canada (ESDC) for review. After reviewing the application, ESDC will issue a report called LMIA which defines the impact of hiring a foreign worker on Canada's labour market.
ESDC considers the following elements in their analysis.
- Has the employer put into adequate efforts to hire or educate any Canadian resident to fill that position?
- Will employing foreign workers help to create or keep jobs for the Canadians?
- Will the foreign worker be able to deliver special skills or work expertise to the Canadians?
- Is there any labour shortage for that occupation among the Canadians?
- Is the pay offered to the foreign worker following the average for the occupation in the area the vacancy is located?
- Are the working conditions in line with the labour laws and/or collective bargaining agreements?
- Is the job offer genuine?
- Is the number of foreign workers employed by the company within the cap set by the government?
English and French are the only two formal languages suggested for LMIA purposes unless the employer can prove differently.
The employers should further advertise all present job vacancies in the Canadian labour market for at least four weeks. Furthermore, the employer must have conducted at least two other nationwide hiring efforts to find an eligible Canadian worker for the vacancy.
LMIA FEES
Each LMIA application costs a processing fee of CDN $1,000 unless it is strictly made in support of permanent residency. A privilege fee of CDN $100 is also needed.
LMIA PROCESSING TIME
The processing time of an LMIA application can range from a couple of weeks to a few months.
Can I renew my LMIA?
Since LMIA is a one-time process, you cannot renew it after completion. However, you can apply for a new LMIA if necessary.
