Generally, a Canadian employer requires a Positive Labor Market Impact Assessment (LMIA) before hiring a temporary foreign employee (formerly known as Labor Market Opinion – LMO).
The LMIA is a form of labor market verification designed to protect Canada’s domestic job market, as well as to protect foreign workers temporarily employed in Canada. LMIA-exempt work permits can be obtained only in select circumstances.
What is a Labour Market Impact Assessment?
The Labor Market Impact Assessment (LMIA) is a document an employer in Canada may need to obtain before hiring a foreign employee. A positive LMIA would show that a foreign worker is needed to fill the job. It will also show that no Canadian employees are available to work. A positive LMIA is sometimes called a confirmation letter.
The LMIA is a labor market verification process under which Employment and Social Development Canada (ESDC) assesses a proposal for employment to ensure that the employment of foreign workers will not have a negative impact on the Canadian labor market. Want to be appointed, including the number of Canadians who applied for the position, the number of Canadians who were interviewed, and a detailed explanation for Canadian workers. He was not believed to have been hired.
Important elements to get invitation from foreign employer:
- Whether the foreign worker is paid a salary commensurate with the average for occupying the place which is located at that place?
- Are the working conditions consistent with labor laws and / or collective bargaining agreements?
- Is there a labor shortage in that area to be located at that location?
- Is there a labor dispute going on in the company and / or industry?
- Have Canadian employers made recruitment efforts to find Canadians to fill the position?
- Will foreign workers be able to transfer skills or expertise unique to Canadians?
- Will hiring foreign employees help create or maintain jobs for Canadians?
- Will the foreign worker be an employee of the Canadian employer, whereby the foreign employee is expected to work on a full-time basis at a pre-determined salary?
Typically, for jobs located in one of Canada’s major cities, the higher the chances of getting a positive LMIA, the more special offers and higher salaries offered. In sparsely populated cities and regions, this is still true but generally LMIA can be easy to obtain.
LMIA Based Work Permits:
Typically, foreign workers and employers must go through a two-step process to obtain a Canadian work permit. First, the applicant must submit an application to ESDC for a Labor Market Impact Assessment, followed by a second application for Citizenship and Immigration Canada (CIC) for an actual work permit. The LMIA is issued by the ESDC, which, after considering several protective labor market factors, authorizes Canadian employers to appoint a foreign employee.
LMIA Processing Times
LMIA processing time can be somewhat unpredictable, ranging from a few weeks to a few months. Employment and Social Development Canada (ESDC) has promised to process some LMIA applications within 10 business days. The following categories will now be processed with the 10-business-day service standard:
- All LMIA applications for highest-demand occupations (skilled trades), or
- Highest-paying (top 10%) business, or
- Short duration work (120 days or less).
STEPS TO GET A CANADIAN WORK PERMIT
- CONFIRM YOUR ELIGIBILITY – To be able to work as a foreigner in Canada, you must meet certain basic requirements, such as:
- No criminal record
- Proof of funds to meet your needs in Canada
- Not a threat to safety or health
- Do not plan to work for an ineligible employer
- Qualified for post
- Get a job offer and positive LMIA- The first step in obtaining a work permit is to obtain a job offer from a Canadian employer, after which Canadian employers may need to apply for a Positive Labor Market Impact Assessment (LMIA) by the ESDC, ensuring that someone Not a Canadian citizen or permanent residency is available for the same job.
- Start online application – Ensure that you have a high quality scan of all the necessary documents required to obtain a Canada work permit. You will need to provide the following:
- A valid passport
- Two passport size photos
- Your job offer letter
- Proof you are qualified for the job
- Pay online application – You will have to pay application, processing and bio metrics fees.
- Follow your biometric at an Appellate Visa Application Center- Visa applicants from Europe, Africa and the Middle East require fingerprints and a digital photo. Make an appointment with an approved Visa Application Center.