An LMIA (Labour Market Impact Assessment) is a document issued by Employment and Social Development Canada (ESDC) to evaluate the impact of hiring a foreign national in Canada. An employer may hire a foreign national if the LMIA is positive and there are no Canadian citizens or permanent residents available for the position. Conversely, a negative LMIA means that the position will be filled by a Canadian citizen or permanent resident. But you must also know that LMIA exempt some workers from visa where some workers don’t need a visa at all.
Applying for an LMIA is the responsibility of the Canadian employer, foreign nationals cannot directly apply for it. While some situations may exempt a foreign worker from requiring an LMIA or a work permit, the Temporary Foreign Worker Program (TFWP) in Canada mandates an LMIA for hiring foreign workers from all streams. Additionally, Best Immigration Consultants provide pathways to Canadian permanent residency require applicants to present a positive LMIA to earn points for a job offer in Canada.
More about the LMIA Application
Employers can submit an LMIA application as early as six months before the position’s scheduled start date. The application process varies depending on the wage level of the employee being hired. As an upcoming employee you can consult the Immigration Consultants in Chennai and employers should consult the median hourly wages in their province or territory to determine if the position falls under the high-wage or low-wage category, as low-wage positions have additional criteria to meet.
What are the LMIA application requirements?
Applications for LMIA must be mailed in hard copy to the proper Service Canada Processing Centre. The application package should include evidence of meeting the following criteria:
- Processing Fee:
All jobs with LMIA in Canada require a non-refundable processing fee of $1000 CAD, applicable even if the result is negative. Certain applicants, such as those under the LMIA for in-home caregivers, may be exempt from this fee.
- Business Legitimacy Documents:
Employers need to provide documents confirming their legitimate status as a Canadian business.
- Transition Plan:
Employers must submit a plan outlining how they intend to eventually hire Canadian citizens or permanent residents rather than Temporary Foreign Workers (TFWs).
- Recruitment Efforts:
Employers should provide evidence of substantial efforts made to recruit Canadian citizens and permanent residents for the position before resorting to hiring a TFW.
The application must include information regarding the wages for the TFW, differentiating between high-wage and low-wage positions to ensure equal pay for TFWs compared to their Canadian counterparts.
- Workplace Safety:
Employers must provide evidence of offering TFWs the same workplace health and safety standards as Canadian workers in the same position. This includes providing insurance coverage equivalent to the health coverage offered in the province or territory where the business is located.
What happens after LMIA is approved
Once an LMIA application is processed, employers receive a decision. A positive LMIA enables the employer to proceed with hiring a foreign national, while a negative LMIA indicates that hiring a foreign national is not approved.
Positive LMIAs remain in effect for six months after the date of issuance. After obtaining a positive LMIA, the employer must notify the foreign national so they can apply for their work permit or permanent residence.
In conclusion, LMIA system strikes a balance between meeting labour demands in specific sectors and safeguarding the interests of Canadian citizens and permanent residents. By adhering to the LMIA requirements and LMIA exemption and embracing a transparent and inclusive approach, Canada reaffirms its commitment to a globally competitive and welcoming environment, enriched by the contributions of talented individuals from around the world. Do you still have doubts? Then get in touch with the Best Immigration Consultancy Aram Visas to clarify your questions.