LMIA Based Permits | Nest Abroad Immigration LMIA Based Permits

What is the Labour Market Impact Assessment (LMIA)

A positive Labour Market Impact Assessment (LMIA) is a record issued by the Human Resources and Social Development Canada (HRSDC) which confirms that the activity offered to a foreign national couldn’t be filled by a Canadian laborer. Thus, as a rule, if a Canadian employer needs to contract a temporary foreign worker, they need to apply for an LMIA to the Canadian government. The processing time for a standard LMIA approval is three to four months. Upon approval, a positive LMIA enables the foreign laborer to apply for a work permit, which is an authoritative archive enabling them to work lawfully in the nation. There are two ways through which an employer can hire a foreign worker; the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP).

Temporary Foreign Worker Program (TFWP):

Canadian employers who need to hire foreigners to fill temporary work and skill deficiencies can enlist through the TFWP. As a business owner, you will require a positive Labour Market Impact Assessment (LMIA) from Employment and Social improvement Canada (ESDC) before you can offer a job to the foreign worker. An LMIA confirms that the job offered to a foreign national couldn’t be filled by a Canadian worker and the foreign labourer is expected to carry out the responsibility.

The employer, if applying to hire a foreign worker through the TFWP program, needs to pay a fee and it is subject to approval. After a positive LMIA is granted, the employer has to submit the document to the foreign worker, who can apply for a work permit to IRCC based on that LMIA.

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The International Mobility Program (IMP):

Not all employers are required to get a positive LMIA from ESDC to hire a foreign worker. The International Mobility Program enables employers to enlist temporary foreign worker without an LMIA. Under the IMP a few classes of foreign workers are exempted from getting an approved LMIA before being contracted by a Canadian Employer.

The International Mobility Worker Unit (IMWU) has the authority to choose if the foreign worker falls under any of the exempted class. The employers are required to contact IMWU and pay a fee of $230 while presenting the idea of work through the business entry.

A positive LMIA does not enable a foreign labourer to change their job, area or employer because the approval depended on those particular elements. If any of these condition changes, the worker may need to look for another LMIA with the adjustment in conditions.

A temporary worker on an open work permit does not require a Canadian Employer to hire them through IMP or TFWP. An employer, if you are enlisting a temporary worker with an open work grant, you don’t have to present an idea of business structure or pay the employer consistence fee.

Assessing the Merits of an LMIA Application

Obtaining a Canada work permit is typically a two-step process. First, the Canadian employer must submit a qualifying LMIA application to Employment and Social Development Canada (ESDC). It is incumbent on the Canadian employer to also submit a detailed list of Canadians who applied for the position; the number of Canadians interviewed for the position, and detailed explanations for why the Canadian candidates considered were not hired. Canadian employers may be subject to inspection for compliance once a work permit has been issued.

When assessing the merits of the applicant ESDC will consider:

Are there Canadians in the region available and willing to fill the job on offer?
Has the employer made sufficient efforts to fill the position with a Canadian worker?
Will hiring a foreign national help create or retain jobs in Canada?
Is the employer offering a wage or salary that is consistent with the regional average for the position at hand?
Are the working conditions acceptable by Canadian labour standards?
Is the employer or the industry in which the job sits engaged in ongoing labour disputes?

LMIA Processing Times

LMIA processing time is not fixed, it can range from a couple of weeks to a few months. Employment and Social Development Canada (ESDC) has pledged to process certain LMIA applications within 10 business days. The following categories will now be processed with a 10-business-day service standard:

All LMIA applications for the highest-demand occupations (skilled trades), or
Highest-paid (top 10%) occupations, or
Short-duration work periods (120 days or less).

LMIA Fees and Additional Employer Requirements

A processing fee of CDN $1,000 applies to each Labour Market Impact Assessment application (unless the application is made strictly in support of permanent residency). A CDN $100 Privilege Fee is also required.
Canadian employers must undertake advertisement efforts (Canada Job Bank) for at least four weeks before submitting an LMIA application. Employers are further required to demonstrate at least two other recruitment methods used to target potential hires, other than the Canada Job Bank website. ESDC will also be looking for evidence that underrepresented groups of Canadians were pursued and considered for the position (e.g. disabled people, aboriginals, youth).
English and French are the only two languages eligible to be listed as employment requisites, for LMIA application. ESDC officers are largely hesitant to approve an LMIA application if the employer has indicated a language other than English or French was used as a determinant.
Canadian employers must attest that they are prohibited from laying off, or reducing the hours, of Canadians if their company employs temporary foreign workers.