If you’re employer looking to hiring an overseas employee, you’ll want a Labour Market Impact Assessment.
The purpose of a Labour Market Impact Assessment (LMIA) is to form positive that the hiring of an overseas employee can have a positive or neutral result on the Canadian labour force.
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The Temporary Foreign worker Program (TFWP) may be a method the Canadian government supplements its workforce once there aren’t enough qualified staff in Canada to do employment. If |you’re an employer and are wanting to hire an overseas employee, you’ll ought to submit an LMIA. the appliance are going to be reviewed by Employment and Social Development Canada (ESDC), and officers can need to confirm that no qualified Canadians are being overlooked in favour of the foreign employee. The employer can ought to show that they have tried to search out qualified Canadians to fill the position before they try to hire from abroad. additionally, they have to give regular payment and edges that meet provincial and federal standards. every request for an LMIA can price $1,000 CAD per position.
It is vital to notice that as an employer, you want to advertise the task vacancy for a minimum of four weeks before applying for a LMIA. The employer should prove that they need used a minimum of 2 alternative recruitment strategies on top of posting a commercial on the Canada Job Bank. furthermore, employers ought to target advertising to underrepresented groups, like first Nations and people with disabilities. English and French are the sole languages which will be publicized as job needs, unless the employer can prove another language is required.
The LMIA method depends on whether or not the foreign employee is classified as “high-wage” or “low-wage”. If the worker is being paid under the provincial/territorial median wage they’re thought of low wage, and if they’re being paid at or above the median, they’re thought of high wage.
If you’re hiring a high-wage employee
If you’re looking to hire a high-wage employee, you want to submit transition plans beside the LMIA. A transition plan may be a plan that ensures you’re taking the steps as an employer to cut back your reliance on foreign staff over time.
Transition plans are supposed to make sure that employers seeking foreign staff are fulfilling the aim of the program, which means they’re using the program as a final and restricted resort to respond to immediate labour needs on a temporary basis when Canadians aren’t available to try to do the job. This ensures that qualified Canadians are given priority for on the market jobs.
Examples of ways that during which an employer will prove this is by showing proof of investment in skills training, proof of helping the foreign employee in turning into a permanent resident or hiring Canadian apprentices.
If you are hiring a low-wage worker
If you are looking to hire a low-wage worker, you do not need to submit transition plans along with the LMIA.
Instead, the Government of Canada has put a cap on the number of low-wage temporary foreign workers that a business can employ in order to restrict access to the TFWP. Therefore, employers with 10 or more employees applying for a new LMIA are subject to a cap of 20 percent of the proportion of their workforce that consist of low-wage temporary foreign workers.
If you are an employer offering a wage that is below the provincial/territorial median, you must:
Pay for round-trip transportation for the temporary foreign worker;
Ensure cheap housing is available;
Pay for non-public insurance till staff are eligible for provincial health coverage;
Register the temporary foreign worker with the provincial/territorial workplace safety board; and
Provide an employer-employee contract.
Global Talent Stream
The Global Talent Stream is part of the TFWP and is intended to help Canadian employers fast-track the hiring of foreign tech talent. The processing time of a global Talent Stream application incorporates a service standard of ten business days from the day when the appliance is received by ESDC, and therefore the legal instrument are often processed in time period by Immigration, Refugees and Citizenship Canada (IRCC). This service commonplace is expected to be met 80th of the time.
here are two categories under the Global Talent Stream. Category A includes high growth companies that demonstrate a need to hire unique specialized talent from abroad. Employers in this category must be referred to the Global Talent Stream by a designated referral partner. Category B is for employers looking to hire unique talent for occupations found on the Global Talent Occupations List, which consists of occupations that are determined to be in-demand and which there is a deficient domestic labor supply.
Employers in both categories must meet the payment requirements for skilled workers, meaning they must pay the employee the prevailing wage or higher. The prevailing wage is the highest figure of either:
The median wage for the occupation on the Government of Canada’s Job Bank
The wage within the range an employer pays current employees in the same position at the same location, with the same skills and experience.
The minimum wage floor as defined in the Global Talent Occupations List (if applicable).
The facilitated LMIA process in Quebec helps employers address labour shortages by allowing Quebec employers to hire foreign workers more quickly. Under the facilitated process, occupations are listed in which labour shortages are proven, so Quebec employers are not required to advertise the position for which they are hiring foreign workers or provide evidence of recruitment efforts.
The employer is required to prove the following:
That the foreign worker meets the educational and experience requirements of the job and the requirements of the National Occupational Classification;
That the hourly wage offered to temporary foreign staff is in step with the wage rate paid to Canadians and permanent residents, operating within the same occupation and geographic region.
A transition arrange is needed for all high wage LMIA applications. However, beneath the facilitated method in Quebec, a transition plan is just needed for the second or subsequent application for associate LMIA within the same occupation and location.