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LMIA Work Permits

An LMIA (Labor Market Impact Assessment) is meant to know the effect of recruiting any foreigner in Canada. Employment and Social Development Canada (ESDC) is the authority which issues this document.

There are two kinds of LMIAs-a positive LMIA and a negative LMIA. While a positive LMIA shows that an employer is hiring a foreign worker to fill a vacancy for which no Canada permanent resident or Canada citizen was available. A negative LMIA shows that the employer should fill the vacant job position by hiring a Canada permanent resident or a Canadian citizen.

A Canada employer makes an application for getting an LMIA. So, it is clear that any foreigner is not eligible to make an application for an LMIA. Majority of Canada Temporary Foreign Worker Program, i.e. TFWP, have a requirement for hiring outside of Canada, every employer should get an LMIA.

Meanwhile, under a few exceptional instances, a foreign worker can be hired provided he or she is exempt from needing a work permit or from requiring an LMIA.

Moreover, applicants under the majority of Canada immigration streams for getting Canada permanent residency need applicants to provide a positive LMIA for getting points for a job offer in Canada.

 

Making an application for an LMIA

A Canadian employer is allowed to apply for an LMIA nearly six months before the estimated beginning date for the vacant job position.

The process of application can different based on of the wages of the candidate recruited. Hence, it is advisable to know the wage category under which the concerned job falls in, i.e. whether it is a high-wage or low-wage position. The reason is that positions offering low-wages need employers to fulfil certain additional conditions.

Hence, employers can see the average hourly wages of their respective territory or province to know under which wage position does their job falls.

Specialized streams are available for employers who want to get LMIAs for some job areas—

–Hiring Agricultural Workers

–Hiring In-Home Caregivers

–Hiring Foreign Academics

–Hiring within Quebec province

 

Conditions for LMIA Application

You need to know that every LMIA application is mailed to the concerned Service Canada Processing Center in hard copy.

Applicants should provide proof in their applications that the following conditions have been fulfilled—

  • Processing fee—A non-refundable processing fee of $1,000 is required. Meanwhile, for certain applicants falling under the LMIAs for in-home caregivers can get an exemption from such processing fee.
  • Documents showing the legitimacy of business—Proof in the form of documents legitimacy of Canadian business of the employer’s status is needed.
  • Plan of transition—Canadian employers are also required to provide a plan showing their intension to cater to the requirements of hiring foreigners. So, employers must give priority to Canada citizens and Canada permanent residents over temporary foreign workers.
  • Wages—Detailed information about the wages of the Temporary foreign workers must be included in the application. It will clearly show whether the positions are high-wage or low-wage. This is to make sure that the TFWs get the equal amount as paid to their Canadian counterparts.
  • Sufficient recruitment attempts—Sufficient proof showing adequate efforts made by employers to hire Canada permanent residents and Canada citizens before hiring temporary foreign workers for the vacant job positions need to be provided in the application.
  • Safety of the workplace—To ensure same standards of health and safety at the workplace for TFWs as provided to Canadian citizens/Canada permanent residents, employers have to provide proof that insurance coverage equivalent to that provided by territory/province where the business has its location of the business location will be provided to TFWs.

 

Intra-Company Transfers—What are they?

The International Mobility Program of Canada allows high-skilled foreigners to work in Canada for a temporary period as intra-company transferee. The rule of the intra-company transferee applies to all nations. So, a foreigner who is employed with a company located outside of Canada can be eligible to get an LMIA-exempt work permit for transferring one of the locations of the company within Canada.

 

Global Talent Stream (GTS)—What is GTS?

Initiated in June 2017, it is a two-year pilot scheme under the collaboration between IRCC (Immigration, Refugees, and Citizenship Canada) and ESDC (Employment and Social Development Canada).

For competing on a global scale, GTS gives some Canadian employers the facility to hire highly-skilled global talent. So, employers in Canada who get a reference to this stream of immigration can fast-track the process of choosing foreigners through the Global Skills Strategy.

Find out your Canada Immigration streams Which Suit You.

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