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LMIA application is an official process of hiring a foreign worker for a Canadian organization. The foreign worker must first receive government blessing before the hiring process takes place which is known as Labour Marketplace Impact Cess (LMIA).
How to utilise for LMIA?
Employers who have had problem finding qualified candidates for cardinal roles within their company for months or even years may often plow to rent from outside their land. Considering of this, the decision to apply for an LMIA is not a sudden one.
The regime really encourages firms to use LMIAs as a last resort. A successful LMIA can only be accomplished if you lot, equally an employer, believe that this procedure is the simply way to come across your employment needs. Below you will meet how to submit an LMIA application step by step.
LMIA application process in Canada
i. The employer applies for Labour Market Impact Assessment, if necessary
Before a Temporary Work Permit can be issued, the Canadian employer who hires a temporary foreign worker volition demand to apply for a positive Labour Market place Impact Cess (LMIA) by ESDC. Accordingly, ESDC grants a positive LMIA if the Canadian employer satisfies it that in that location is no Canadian citizen or permanent resident is available to do the job.
2. Employer extends Temporary Job Offer
After obtaining LMIA, the Canadian employer can provide a temporary job offering to the foreign worker. The employer must ship a re-create of the positive LMIA along with a detailed job offering letter to the foreign worker.
3. Foreign Worker applies for Work Permit
With these documents, the foreign worker can apply to ESDC for a Canada Temporary Work Let. If the Canadian employer that is hiring is in the province of Quebec, the strange worker may also need to obtain a Certificat d'acceptation du Québec (CAQ) in order to work temporarily in Quebec. In that location are a number of professions in Quebec that are 'facilitated' and eligible for streamlined processing. Employers do not need to perform local requirement efforts as part of their applications to hire temporary strange workers for these positions in Quebec.
3. Foreign worker gets a Work Let
A Canada Border Services Agency (CBSA) officer will issue the Canada Temporary Work Permit at the indicate of entry when the foreign worker arrives in Canada. More often than not, when an employer receives a negative LMIA it ways that Canadian individuals should be positioned in that chore offer. Although, in general, y'all need to have a positive LMIA to hire a foreign national, in some cases LMIA exemption frees employers from the need to obtain ane.
Note: the procedure, which is named Labour Marketplace Impact Assessment (LMIA application) – formerly known as a Labour Market Stance (LMO) – is unlike, depending on whether the targeted employee is classified as "high-wage" or "low-wage" the LMIA awarding process is different.
Temporary foreign workers being paid under the provincial/territorial median wage are considered depression-wage, while those being paid at or in a higher place are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, sure specific provisions employ.
All Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to make full chore positions before turning to foreign workers. Also, employers may be inspected for compliance with authorities regulations after their employee has begun working in Canada.
LMIA application must exist submitted by an employer aiming to hire a foreign worker, and approved from the Canadian Government earlier the hiring tin can take place.
LMIA application requirements
In a limited number of situations Canadian immigration officials may outcome Work Permits without the LMIA application requirement, as follows:
- Under international agreements, such as the Due north American Free Trade Agreement (NAFTA);
- Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
- Every bit office of reciprocal agreements Canada and its provinces/territories accept entered into with other countries, such as youth and teacher exchange programs;
- And so that international students studying in Canada can fulfil bookish requirements, known as co-op placements;
- To allow the spouses/mutual-law partners of Work Permit and sure Study Permit holders in Canada to work in Canada;
- Considering the nature of the work is charitable or religious;
- In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.
LMIA awarding requirements for employers in Ontario
Employer eligibility for LMIA volition exist decided by a stream in all other cases. In order to obtain an LMIA for permanent residency, an employer must take been in business organization for at least i year. Employers must run into the following criteria in order to exist eligible for LMIA coverage for all other types of businesses:
- Has a legitimate business organization.
- Provides goods or services to the public.
- Is able to pay a salary to a foreign worker.
- Has a genuine need for a strange worker.
- Has non laid-off employees in the 12-months period preceding application.
- LMIA application fees
Employers aiming to hire a temporary foreign worker to Canada must pay a processing fee of 1,000 CAD for each request for an LMIA awarding. There is also exist an additional $100 privilege fee on employers charged by Employment and Social Development Canada. English and French are the only languages that can exist determined as chore requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that some other language is otherwise required for the position.
Additionally, employers must annunciate all chore vacancies across the Canadian job market for at least four weeks before applying for an LMIA. Towards this end, employers are required to evidence that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canada Job Bank. Employers must focus advert efforts on groups of Canadians who are nether-represented, such as First Nations or persons with disabilities.
Employers are also required to submit a transition plan to ESDC, along with the LMIA application, for high-wage positions. This transition plan should indicate how the company plans to reduce its reliance on temporary foreign workers in the futurity.
Proof of investment in skills grooming or hiring Canadian apprentices are examples of how employers tin can prove this. Alternatively, employers tin can demonstrate how they are assisting their loftier-skilled temporary foreign worker(s) in becoming Canadian permanent residents. If the employer is chosen for an inspection, or if they utilise to renew their LMIA application, they will exist required to report on the progress of the transition program that they have submitted.
Employers are required to attest to their awareness that they are prohibited from laying off or cutting the hours of Canadian workers working in the aforementioned position(s) as the temporary strange worker(south) working at the company.
How to get positive LMIA?
To receive a positive LMIA, the Canadian government officer reviewing the LMIA awarding must make up one's mind that the hiring of a foreign worker will have a positive or neutral effect on the Canadian labour market. Among other factors, information technology must exist articulate that no qualified Canadians were passed upward in favour of the strange worker, and that the strange worker will exist given a bacon and benefits that run into federal and provincial standards.
High-Wage Workers
In order to rent high-wage workers, employers must submit transition plans forth with their LMIA awarding to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. Loftier-wage workers are those earning above the median hourly wage for a given occupation in a specified region.
The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the programme. This entails that they are using the plan as a final and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not bachelor, ensuring that Canadians are given the first chance at bachelor jobs.
Province/Territory Wage ($/hr) as of April 1, 2019
Alberta $26.67 British Columbia $23.98 Manitoba $21.00 New Brunswick $20.00 Newfoundland and Labrador $22.00 Northwest Territories $34.00 Nova Scotia $20.00 Nunavut $thirty.00 Ontario $23.08 Prince Edward Island $19.49 Quebec $22.00 Saskatchewan $24.52 Yukon $30.00
Low-Wage Workers
Employers aiming to rent low-wage workers exercise not need to submit transition plans with their LMIA applications. Notwithstanding, they must follow a unlike 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 Authorities of Canada has introduced a cap to limit the number of low-wage temporary strange workers that a business organisation can employ.
Furthermore, certain low-wage occupations may exist refused for LMIA application processing. Employers with 10 or more employees applying for a new LMIA application are subject to a cap of x percent on the proportion of their workforce that tin consist of low-wage temporary foreign workers.
Employers offering a wage that is below the provincial/territorial median hourly wage must:
- pay for circular-trip transportation for the temporary foreign worker;
- ensure affordable housing is bachelor;
- pay for private health insurance until workers are eligible for provincial health coverage;
- register the temporary foreign worker with the provincial/territorial workplace rubber board; and
- provide an employer-employee contract.
Every bit of Apr 30, 2015, the Temporary Strange Worker Programme uses the latest Labour Force Survey results for the unemployment rates in regions beyond Canada.
These rates make up one's mind which regions are eligible for employers to submit Labour Market Bear upon Assessments (LMIAs) for low-wage/lower-skilled occupations in the Accommodation and Nutrient 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 college.
LMIA exemptions
A scenario in which a Canadian company does not need to get an LMIA in order to hire a temporary foreign worker is referred to every bit an LMIA-exemption. ESDC, in collaboration with Immigration, Refugees and Citizenship Canada (IRCC), maintains a list of LMIA-exemptions arranged by clearing programs.
In a limited number of situations Canadian immigration officials may issue Work Permits without the LMIA application requirement, as follows:
- Under international agreements, such as the Due north American Free Trade Agreement (NAFTA);
- Due to the pregnant economic, social or cultural benefits the work activity will bring to Canadians;
- As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such every bit youth and teacher commutation programs;
- Then that international students studying in Canada can fulfil academic requirements, known as co-op placements;
- To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;
- Because the nature of the piece of work is charitable or religious;
In recognition that certain persons in Canada for reasons other than the above-mentioned, such every bit the making of a refugee merits, need to support themselves.
LMIA business concern legitimacy
Together with their Labour Market Bear upon Assessment application, all employers applying for the Temporary Foreign Worker Program (TFWP) must provide documentation. This volition prove that their visitor and job offers are genuine. Please see the following link for more data .
Exception to LMIA
A Canadian employer must receive a positive Labour Market Impact Assessment (LMIA) to bring a temporary foreign worker to Canada. However, at that place are several cases, where the LMIA may be waived.
Below are the about common LMIA-exempt streams:
- Intra-Visitor Transfer
- Significant benefit
- Reciprocal employment
- Charitable and religious worker
Beingness exempt from obtaining an LMIA does not mean the applicant is exempt from obtaining a work permit. All streams on the LMIA exemption list require obtaining a work permit to work in Canada legally.
Are y'all a Canadian Employer who needs to obtain Work Permits for new employees?
Canadapt Consulting takes care of the entire Work Permit process for both Canadian employers and strange workers. Please be informed that Canada Temporary Piece of work Permit is for those foreign workers who plan on working in Canada for a finite period of time.
A Temporary Piece of work Let is a stepping rock to Canadian permanent residency. In gild to exist able to work and alive in Canada on a permanent basis, strange workers must undertake the Canadian immigration process.
Once in Canada on a Temporary Work Let, a strange worker may qualify for Canadian clearing (permanent residence) under the Canadian Experience Class (CEC), through a Skilled Worker category, or through one of the Provincial Nominee Programs.
Do you have a Canadian job offer and demand a Work Permit?
In nearly cases, individuals with a valid task offer from a Canadian employer must secure a Temporary Work Permit to perform work in Canada. A Temporary Work Let may be issued for a period of time ranging from a few days to a few years. In almost all cases, the process of applying for a Work Permit is twofold.
Beginning, the Canadian employer must receive authorities permission to hire outside of Canada. After this permission has been granted, the designated employee must utilise for and receive his or her Work Let.
The granted Piece of work Permit for the specific job in Canada volition be tied to that job just. However, if an employee finds different employment and does not yet accept permanent resident status, he or she must apply for a Piece of work Permit before performing another job in Canada.
There are several dissimilar ways of securing a Piece of work Permit in Canada . Depending on one's nationality, occupation, and intended work in Canada, in that location may be possibilities for expediting the process.
Source: https://canadapt.ca/lmia-application/