LMIA/Work Permit

LMIA(Labour Market Impact Assessment) is a certificate issued by the Government of Canada for foreign workers to obtain a work permit.

Canadian work permit visa : 

LMIA(Labour Market Impact Assessment) is a credential given to foreign employees by the Government of Canada for receiving a work permit visa.

LMIA Canada process notes that: 

  • No Canadian exists to work for the same job.
  • A foreign worker is expected to be filled in.
  • Hiring a foreign worker would have no effect on Canadian jobs or labour markets.

The employer must submit it after taking a few measures i.e. advertising the same job at various sites defined by the Government of Canada and usually wait about 90 days for a particular date. Jobs in LMIA Ontario is a very opportunity for the candidate, so don’t miss out this opportunity.

So you can tell this is A Labor Market impact assessment is documentation provided by Service Canada that indicates that an employer has been searching for candidates from Canada or the Permanent Resident to fill the job they are applying for before recruiting a foreign national. Fundamentally it supports the Labor Market in Canada.

Labour Market Impact Assessment Program in Canada :

In short, the government is investigating to see if the work offer under scrutiny is “taking jobs from Canadians.” A positive LMIA has decided that it does not do that, being in a full-employment or high demand region.

Overview:

The Government of Canada believes that foreign workers can help employers meet their labour needs when Canadians and permanent residents are not available. As part of this process the government supports Higher-Skilled Foreign Workers based on their potential to become economically established in Canada and to assist employers to meet their skilled Labour Shortages.

Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Immigration, Refugees and Citizenship Canada’s (IRCC) Express Entry system. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. The job offer must meet the criteria of 1 of the listed economic immigration programs.

These programs include:

Federal Skilled Worker Program:

The employer must be offering a job that is:

  • For higher skilled positions such as: management, professional, scientific, technical or trade occupations.
  • Full time hours (a minimum of 30 hours of work per week)
  • Permanent
  • Non-seasonal

Federal Skilled Trades Program:

The employer must be offering a job that is for:

  • An eligible skilled trade or technical occupation (NOC skill level B)
  • Full time hours (a minimum of 30 hours per week)
  • At least one year

Canadian Experience Class (CEC):

The employer must be offering a job that is:

  • For higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
  • Full time hours (a minimum of 30 hours of work per week)
  • Permanent
  • Non seasonal

Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:

  • an embassy,
  • a high commission or consulate in Canada,
  • on the list of ineligible employers maintained by IRCC,
  • new and have not been in business for a minimum of one year, or
  • hiring workers who intend to reside in the province of Quebec.

Process:

In order to receive a positive LMIA, the Canadian government employee reviewing an application must determine that the hiring of a foreign worker will have a positive or neutral effect on the Canadian labour market. Among other factors, it must be clear that no qualified Canadians were passed up in favour of the foreign worker, and that the foreign worker will be given a salary and benefits that meet federal and provincial standards.

The LMIA process is different depending on whether the targeted employee is classified as “high-wage” or “low-wage“. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, certain specific provisions apply.

Generally, all Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. In addition, employers may be inspected for compliance with government regulations after their employee has begun working in Canada.

High-Wage Workers

Employers seeking to hire high-wage workers must submit transition plans along with their LMIA application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. Proof of investment in skills training or hiring Canadian apprentices are examples of how employers can prove this. Alternatively, employers can demonstrate how they are assisting their high-skilled temporary foreign worker(s) in becoming Canadian permanent residents. If the employer is chosen for an inspection, or if they apply to renew their LMIA, they will be required to report on the progress of the transition plan that they have submitted.

The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.

Low-Wage Workers

Employers seeking to hire low-wage workers do not need to submit transition plans with their Labour Market Impact Assessment (LMIA). They must, however, follow a different set of guidelines.

To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap was phased in over 2015 and 2016 in order to provide employers who were above the 10 percent cap time to transition and adjust accordingly.

Employers offering a wage that is below the provincial/territorial median hourly wage must:

  • pay for round-trip transportation for the temporary foreign worker
  • ensure affordable housing is available
  • pay for private health insurance until workers are eligible for provincial health coverage
  • register the temporary foreign worker with the provincial/territorial workplace safety board
  • provide an employer-employee contract.

As of April 30, 2015, the Temporary Foreign Worker Program uses the latest Labour Force Survey results for the unemployment rates in regions across Canada. These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector.

LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 percent or higher.

Given its unique labour market conditions, and as requested by the Government of the Northwest Territories, applications in these sectors for positions located in Yellowknife will be accepted for processing.

Application:

Employers who want to hire a foreign worker must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.

In essence, employers are applying for an opinion on the impact that hiring a foreign worker would have on Canada’s job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.

  • LMIA Application form (EMP5593)
    1. Employers must provide the name of the foreign national they wish to hire at the time they submit their LMIA application.
    2. The processing fee does not apply to employers choosing ONLY to support a foreign national’s application for a permanent resident visa.
  • Schedule D – Skilled trades job offer – Employer #2 (EMP5595) (if applicable)
  • Job Offer (signed by the employer and the foreign worker)
  • Proof of business legitimacy
  • Proof of advertisement (for example a copy of advertisement and information to support where, when and for how long the position was advertised)

All the required documentation should be submitted by the employer to the Service Canada Centre responsible for processing skilled workers applications.

To help you with the application process and submission, please get in touch with us. Our team of professionals will be more than happy to assist you.

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