Many foreigners desire to work and live in Canada due to the welcoming laws of the Canadian government for both citizens and permanent residents. These individuals gain access to quality jobs, first-rate healthcare, educational possibilities, and an enviable standard of living. Additionally, each year Canada accepts a significant number of immigrants to bolster its labour force as well as stimulate its fiscal growth. Are you hoping to become one of the skilled foreign workers employed in Canada? If your answer is yes, this topic will benefit you most! As a Canadian immigration law firm, we will guide you about LMIA through this brief information.
What is an LMIA for a Work Permit?
Many people are eager to apply for Canadian Permanent Resident status without first researching the best pathway and understanding relevant information. Labor Market Impact Assessment is an essential part of obtaining a Temporary Foreign Worker Program work permit. LMIA’s are issued by Canadian Employment and Social Development Canada (ESDC) and can only be applied for by employers in Canada. A positive LMIA indicates that there is a need to hire someone from abroad for a specific role; conversely, a negative LMIA signifies that a Canadian citizen or permanent resident is adequately capable of filling the said position. Ultimately, if the employer receives a positive LMIA they may hire someone from outside of Canada via the Temporary Foreign Worker Program.
Who needs LMIA?
If you want to work in Canada, you will need a positive Labour Market Impact Assessment from Employment and Social Development Canada (ESDC). A positive LMIA will show that there is a need for your job in Canada and that no Canadian worker is available to do the job. You must apply for an LMIA before you can apply for a work permit.
In order to get an LMIA, your employer must first submit a Job Offer to ESDC. They will then assess the job offer to make sure it meets certain conditions. If the job offer is approved, your employer will receive a confirmation letter that they can use to support their application for an LMIA.
Once your employer has received a confirmation letter, they can then apply on your behalf. The process of applying for an LMIA can take up to two months. Once your employer has received a positive LMIA, they will send it to you so that you can apply for a work permit.
Requirements of an LMIA
The Canadian employer must submit the Labour Market Impact Assessment application either through hard copy or by mail. A non-refundable CAD$ 1k fee is applicable for all professions, except for in-home caregivers. Evidence confirming the legitimacy of the Canadian business of the employer must be provided, as well as proof that recruitment attempts have been made with regard to local citizens or permanent residents only. Furthermore, a transition plan must be submitted that outlines a plan to eventually hire Canadians and/or PRs when feasible. Information about wages according to TFWP—Temporary Foreign Worker Program—is also required along with insurance documents for potential foreign employees. Once approved, the LMIA will provide authorization for hiring a foreign national as an employee; the validity of this being six months. It is strongly recommended that the worker applies for a work permit or PR soon after LMIA approval is granted.
How to apply for LMIA?
The process of applying for an LMIA can be confusing and time-consuming. Here are some tips to make the process go as smoothly as possible:
1. Gather all the required documentation. This includes your resume, references, educational documents, and any other supporting documentation that may be required.
2. Research the company you want to work for. Make sure they are eligible to apply and that they meet all the requirements.
3. Complete the online application form. Include all relevant information and submit any supporting documentation.
4. Pay the application fee. The current fee is $1,000 CAD.
5. Wait for a decision from Service Canada. You should receive a decision within 60 days of submitting your application.
LMIA application fee
The employer must pay CAD $1,000 for every job position requested. This is not per application but per position. The worker does not pay this fee.
Thus, if the application requests ten positions, the application fee would be CAD $10,000.
How long does it take to get an LMIA?
The LMIA process can take anywhere from a couple of weeks to a few months, with employers and workers also required to advertise the position for four weeks.
A few LMIA cases are fast-tracked (see above: ’10-day Processing for Highest-Demand, Highest-Paid, and Shortest-Duration Occupations’).
There is no publicly-stated government processing standard or target, and no government department publishes LMIA processing times online.