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.
