LMIA (LABOUR MARKET IMPACT ASSESSMENT)
The Labour Market Impact Assessment (LMIA) is a critical component of the Canadian immigration process. It serves as a verification system to ensure that hiring a foreign worker will not adversely affect the Canadian labor market. The LMIA process involves assessing various factors, such as the availability of qualified Canadian citizens or permanent residents for the job and the potential economic benefits of hiring a foreign worker.
The LMIA Process:
✓ Employer Assessment: The employer must first identify the need to hire a foreign worker and confirm that no qualified Canadian citizen or permanent resident is available for the position.
✓ Job Advertisement: The employer is required to advertise the job opening for at least four weeks on the Government of Canada’s Job Bank and two other platforms to reach a wider audience. The job advertisement must include details such as wages, working conditions, and job requirements.
✓ Application Submission: The employer must submit an LMIA application to Employment and Social Development Canada (ESDC). The application should include a detailed job offer, proof of recruitment efforts, and other necessary supporting documents.
✓ Application Assessment: ESDC reviews the application and evaluates the potential impact of hiring a foreign worker on the Canadian labor market. If the assessment is positive, an LMIA is granted, confirming that the employer is allowed to hire a foreign worker for the specified position.
- Demonstrate a genuine need for hiring a foreign worker.
- Provide a detailed job offer and employment contract.
- Prove that no Canadian citizen or permanent resident is available for the position.
- Meet the prevailing wage rates for the occupation in the region.
- Comply with federal and provincial labor laws and regulations.
Eligibility Requirements for Applicants:
- Have a genuine job offer from a Canadian employer.
- Meet the qualifications, skills, and experience required for the position.
- Obtain a positive LMIA from the employer.
- Prove the ability to communicate in English or French (if required).
- Satisfy health and security requirements, including undergoing a medical exam and obtaining a police clearance certificate.
Applying for a Work Permit after LMIA Approval:
Once the employer receives a positive LMIA, the foreign worker can apply for a Temporary Foreign Worker Permit (TFWP) or an International Mobility Program (IMP) work permit, depending on the circumstances. The worker must submit the following documents:
- A copy of the positive LMIA.
- A detailed job offer letter from the employer.
- Proof of qualifications and work experience.
- Valid travel documents, such as a passport.
- Any other required documents, including medical exam results and police clearance certificates.
The work permit application must be submitted to Immigration, Refugees, and Citizenship Canada (IRCC) either online or at a Visa Application Centre (VAC) in the applicant’s home country. Processing times may vary depending on the location and type of work permit applied for.
The LMIA process is an essential step for employers seeking to hire foreign workers in Canada. It ensures that the Canadian labor market remains competitive and that foreign workers are only hired when genuinely needed. Both employers and applicants must meet strict requirements and follow the necessary steps to obtain an LMIA and work permit.
If you are an employer seeking to apply for an LMIA for a foreign national, or a candidate who has received a positive LMIA and wishes to apply for a work permit, we invite you to book a call with us. Our experienced team is eager to provide comprehensive guidance and assistance throughout the process.