LMIA is a document required by the Canadian employer to hire a foreign national to work in their company. A positive LMIA shows that there is a need for a foreign worker and no Canadian worker is available to fill in the position.
Only Canadian employers are asked to apply for LMIA and not foreign nationals. factors such as availability of Canadian citizens/PRs wages, working conditions, are considered regarding the issuance of LMIA.
LMIA application requirements:
The validity of the LMIA is for 6 months from the date of issue. The employers must inform the foreign nationals on receiving the positive LMIA.
Once an employer gets the LMIA, the worker can apply for a work permit.
The Following are required by the worker to apply for a work permit:
Mainly, it depends on how responsive is the employer towards the documentation requests. a time Period of 4 week is taken for advertising and its related activities. So, overall, the processing time is estimated up to 6 – 8 weeks. Note, the advertising period can differ based on the occupation.
The cost comprises of advertising fees, professional fees and government fees.
It will be easy if you have a good representative in connection. Even though government tries maximum to save job opportunities for the residents, there exists some exceptional cases for which a foreign worker is the only option. Representatives can guide to such pathways making it easy for the foreign workers.
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact that a foreign worker would have on the Canadian labour market. It is used to determine if a Canadian employer can hire a foreign worker for a specific job.
Canadian employers who wish to hire a foreign worker are eligible to apply for a LMIA. The foreign worker must have the necessary qualifications and experience for the job, and the employer must demonstrate that they have made a genuine effort to recruit Canadians or permanent residents for the position.
Canadian employers can apply for a LMIA by submitting an application and the necessary documents, including a job offer for a specific position, proof of recruitment efforts, and information about the foreign worker’s qualifications and experience.
A LMIA is generally valid for a period of six months from the date of issuance. However, it can be issued for a shorter duration depending on the job offer and the foreign worker’s situation.
No, a LMIA is specific to a particular job offer from a specific employer. A foreign worker can only work for the employer that has obtained the LMIA for them.
A LMIA is a requirement for certain types of temporary work permits, such as the Canadian Experience Class (CEC) or the Federal Skilled Worker Program (FSWP). If an individual meets the eligibility criteria for these programs, then they can apply for permanent residence
The foreign worker can travel outside of Canada while on a LMIA, but they must ensure that their work permit is valid before returning to Canada and that they meet the entry requirements.
If an employer withdraws the job offer, the foreign worker’s work permit will no longer be valid, and they may be required to leave Canada.
Changing employers while on a LMIA-based work permit requires a new LMIA and a new work permit to be obtained by the new employer. The foreign worker must also have a valid job offer from the new employer and meet the requirements for a new LMIA application.
Some high-demand occupations are subject to an annual cap on the number of LMIAs that can be issued. This means that there is a limit on the number of foreign workers that can be hired in these occupations each year.
Having a criminal record may affect an applicant’s eligibility for a LMIA. They may be required to provide additional documents or undergo a security or background check. It’s recommended to check with the immigration department for updated information
Yes, there are some exemptions to the LMIA process, such as for certain categories of temporary workers, such as NAFTA professionals, Intra-Company Transferees, and some other categories of workers.
No, a LMIA can only be issued for occupations that are listed in the National Occupational Classification (NOC) and are classified as skill level 0, A, or B.
Yes, there is a fee associated with the LMIA application process. It includes a processing fee and a fee for each position requested. The fees change over time so it’s recommended to check with the immigration department for updated information
In some cases, LMIAs can be expedited for an additional fee. It’s recommended to check with the immigration department for updated information.