Labour Market Impact Assessment (LMIA)

What is a LMIA?

A Labour Market Impact Assessment (LMIA) is a verification that is done by Employment and Social Development Canada (ESDC) to ensure that when foreign workers come to work in Canada the Canadian Labour Market is not affected in a negative way.  ESDC requires the Employer to provide specific information regarding the employment position such as: number of Canadians who applied for the position, number of Canadians who were interviewed for the position and detailed explanations of why the Canadians who were qualified were not hired. ESDC wants to know employers are adequately taking steps to reduce reliance on temporary foreign workers. ESDC considers several factors including:

·         Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?

·         Are the working conditions consistent with labor laws and/or collective bargaining agreements?

·         Is there a labor shortage for that occupation in the area the position is located?

·         Is there an ongoing labor dispute in the company and/or industry?

·         Has the Canadian employer undertaken recruitment efforts in order to find Canadians to fill the position?

·         Will the foreign worker be able to transfer unique skills or expertise to Canadians?

·         Will hiring the foreign worker help to create or retain jobs for Canadians?

·         Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?

Obtaining a LMIA may be easier in less populated cities and regions as opposed to a major city.

Who needs a LMIA?

Majority of individuals require a LMIA unless listed as one of the exemptions. A LMIA is part of a two-step process and the application to the ESDC is the first step, the second step is an application to Citizen and Immigration Canada for a Work Permit.

Who does not need a LMIA?

·         Workers covered under International agreements

·         Dependants of Foreign Workers holding a Canadian work permit for a skilled position

·         Certain Provincial Nominees

·         Intra-Company Transferees

·         Co-op students

·         PhD students pursuing a post-doctoral fellowship at a Canadian university

·         Religious workers

·         Spouses and common-law partners of full-time foreign students

·         Participants in programs such as the Working Holiday Visa program or International experience Canada (IEC)

Although you may be exempted from a LMIA you are still required to obtain a Work Permit to work in Canada legally.

How to prepare a successful LMIA application

To prepare a successful LMIA application the employer needs to get started on gathering the following documents and taking the required steps to having a successful application:

·         The fee amount for each application (Processing fee $1000.00, Privilege fee $100.00);

·         Job advertisement must be activated for a minimum of 4 weeks before submitting the application;

·         Proof that an advertisement was posted on the Canadian Job Bank website;

·         Statistical tabulation such as:

1.       Numerical breakdown of the number of Canadian applicants for the position;

2.       The number of offers of employment made;

3.       The number of unqualified applicants;

·         Provide written description of why other candidates/applicants were not qualified for the position;

·         What procedure was taken to recruit or train Canadians;

·         Why Canadians were/are difficult to recruit for the position;

·         What proposal has been or will be arranged to train Canadians so the reliance on use of temporary foreign workers can be eliminated or limited;

Obtaining a positive LMIA requires following detailed guidelines, paying attention to details and providing a precise articulated position to Employment and Social Development Canada. Successful applications are greatly detailed, logical and well-articulated pieces of business communication.

Processing time

The processing time for an urgent LMIA is approximately 10 business days. ONLY available for applications pertaining to:

·         Jobs in high demand such as skilled trade workers

·         Jobs offering wages in the top 10% of wages earned by Canadians in that province or territory

·         Jobs with a short duration working period that doesn’t exceed 120 days (approx. 4 months)

The processing time for all other LMIA applications is between 12-16 weeks if a complete application package is submitted.

How we can help

At A. Princewill LawFirm we understand the importance of working in Canada legally and the stress of such an application. We would like to help you achieve a Positive LMIA in an expeditious and accurate manner. We have many years of experience enabling us to know how to strengthen your application and what ESDC is looking for. LMIA applications are extremely detailed, strict and will be returned if missing even the slightest requirement. We can effectively advise and assist you with your forms, documents and we monitor your application even after it is submitted. You will dramatically notice a difference when trying to apply on your own and applying with our services.

Let us help you determine your eligibility by filling out our free online assessment. One of our skilled team members will be able to assess and advise you on your situation.