Canada Labor Market Impact Assessment (LMIA)
The Labor Market Impact Assessment (LMIA) for Canada is a great way for workers of all categories, i.e. high-wage and low-wage, to immigrate to Canada. This document is necessary for all employers looking to hire international talent or employees looking to work in Canadian companies.
LMIA shows how much a company, city, province, or the country in general needs foreign workers and that there are no Canadians with the requisite skillset or experience for the task. The employer must also prove that they have made an effort to hire Canadians first. The LMIA is issued by Employment and Social Development Canada (ESDC).
This program is dedicated to helping Canadian companies hire foreign workers when they are unable to find qualified Canadians.
Requirements for LMIA
For the LMIA, employers may be asked to:
- Provide a detailed job description
- Show that they have tried to recruit Canadians first, through advertising and other means
- Prove that the wage being offered is fair and in line with what is being paid for the same or similar jobs in the area
- Show that the working conditions meet Canadian standards
- Provide evidence that the foreign worker will have a place to live while in Canada
- Prove that the employer has the financial ability to pay the salary being offered
- Sign an agreement to follow certain rules, such as making sure the foreign worker leaves Canada when their work permit expires.
- The employer must also submit a fee with the application.
As an employee, on the other hand, you may be asked to provide:
- Your resume
- A copy of your passport and any other documents that show you have the right to work in your country
- Proof of your qualifications, such as diplomas, degrees or other certification
- Letters of reference from past employers
- Any other documents that may help show you are qualified for the job.
The employer may also need to submit a copy of the employment contract that will be offered to the foreign worker. This contract must meet Canadian standards, especially in terms of wages.
LMIA Process
The first step is for the employer to contact Employment and Social Development Canada (ESDC) to find out if they need an LMIA. The more niche an employment opportunity or skill is, the less need there is for LMIA. If the answer is yes, the employer will then need to submit a complete application form along with the required fee.
Once the application is received, ESDC will assess it to make sure it is complete and that the employer meets the criteria.
ESDC will assess the application to make sure the job meets the criteria for a positive LMIA. This assessment includes making sure that:
- The wages being offered are fair and in line with what is being paid for the same or similar jobs in the area
- The working conditions meet Canadian standards, i.e. the employer must
- Cover workers’ health insurance
- Pay transportation to and from the country of residence
- Arrange accommodation or offer sufficient payment in lieu of residence, and other requirements
- The foreign worker will have a place to live while in Canada
- The employer has the financial ability to pay the salary being offered.
ESDC may also contact the employer, the applicant or other interested parties to get more information about the application. Once ESDC has all the information they need, it will make a decision on the application. If the LMIA is approved, ESDC will send a letter of confirmation to the employer. The employer will then need to give a copy of the letter of confirmation to the foreign worker so that they can apply for a work permit.
The foreign worker will need to submit the letter of confirmation, along with their application for a work permit, to Immigration, Refugees and Citizenship Canada (IRCC). Once the foreign worker has received their work permit, they can start working in Canada.
Employee Requirements
While there are a number of employer-specific requirements for an LMIA-based work permit, the IRCC has also set forth several requirements for the employee. These include:
- The employee must have a business or a job offer in Canada.
- The employee must meet the requirements of the province or territory where the foreign worker will be working.
- The employee cannot work anywhere else with the same permit.
- The employee must not be banned from entering Canada
- The employee must not have a criminal history.
Let us help you acquire the LMIA and work permit and meet all the necessary requirements to make the most out of your requirements! Give us a call today for the ASSESSMENT for your LMIA and work permit !
