What is a Labour Market Impact Assessment?

A Labor Market Impact Assessment (LMIA) is a document that Canadian employers may require before hiring a foreign worker.

A positive LMIA means there is a need of hiring a foreign worker for the job position.

If an employer requires an LMIA, they must submit an application for it.

Once the employer obtains the LMIA, the worker can apply for a work permit.

To apply for a work permit, the worker must have:-

• ·       a job offer letter
• ·       a contract
• ·       a copy of the LMIA
• ·       the LMIA number

Who would need a Labour Market Impact Assessment?

Many employers in Canada need an LMIA to hire a temporary foreign worker. If you're a foreign national, you must have a positive LMIA from your employer to apply for a work permit specific to that employer.

Yet, if you have or qualify for an open work permit, your Canadian employer doesn't need an LMIA to hire you. Unlike an employer-specific permit, which limits you to working for one employer at a specific place, an open work permit lets you work for any eligible employer in Canada in nearly any industry.

What is the application process for Canadian Employers?

Here is a brief over of the LMIA application process:

·       Determine if an LMIA is needed - Before hiring, employers must check if an LMIA is needed for the position. Reviewing exemptions for LMIAs and work permits helps determine if a temporary foreign worker is exempt. If applicable, employers include the exemption code in their offer. 

·       Submit an LMIA application to Employment and Social Development Canada (ESDC) - If an LMIA is needed, employers must apply to Employment and Social Development Canada (ESDC) using LMIA Online and a Job Bank account. The application process depends on the worker category: high-wage, low-wage, Seasonal Agricultural Worker Program, or Agricultural stream.

For high-wage or low-wage positions, employers can apply up to six months before the job start date. Documentation includes proof of business legitimacy, recruitment proof, a completed application form, and a processing fee for each position. For low-wage and Agricultural stream roles, an employment contract copy is required.

High-wage positions can request a three-year employment duration, while low-wage and Agricultural stream positions can go up to two years. The Seasonal Agricultural Worker Program allows hiring for up to eight months.

·       Wait for the LMIA application to be assessed and processed - Following the submission of an LMIA application, ESDC will review it to evaluate the business and job offer's legitimacy and assess the potential impact on the Canadian labor market if a temporary foreign worker is hired. The employer will then receive either a positive or negative LMIA, indicating whether they can proceed with the hiring process based on the application details and submitted documents.

What are the requirements for Canadian employers?

Canadian employers need to meet several requirements before applying for an LMIA:-

• ·       Stream: Employer eligibility requirements will be determined by the stream, currently there are 8 main streams
• ·       Services: The employer must provide goods and/or services to the general public.
• ·       Legitimate Job Offer: the employer has issued a legitimate job offer to the potential foreign worker.
• ·       Wages and working conditions: The wages and working conditions have to be similar to those offered to Canadian citizens and/or permanent residents.
• ·       Recruitment efforts: Employers have conducted a fair recruitment process with Canadian workers to minimize the impact on job seekers already present in the country.
• ·       Business legitimacy: An employer must have a legitimate business.

What happens once the LMIA is approved?

After your employer gets a positive LMIA for your position, they will:

• ·       Share the signed employment contract with you and provide a copy for your records.
• ·       Give you a copy of the LMIA letter and Annexure A, necessary for obtaining a Canadian work permit.
• ·       Instruct you to apply for a work permit before the LMIA expires. Positive LMIAs are typically valid for 18 months, but your employment offer may require an earlier application. 

How to apply for a work permit once LMIA has been approved?

Here is a brief overview of applying for a work permit after having received a positive LMIA:-

• ·       Gather all the necessary documents for your work permit application.
• ·       Prepare your work permit application.
• ·       Pay the fees and submit your application.
• ·       Submit your biometrics, if applicable.
• ·       Receive your port of entry letter from IRCC.

 

For further inquiries, please don’t hesitate to contact us.

[email protected]/www.astroximmigration.com/+1 (647) 846-4700