Canada is always keen to boost its economy, and the employment of foreign workers to undertake certain roles is a wonderful means of achieving this.
The LMIA process requires the submission of specific documentation that contains strict guidelines.
A Labour Market Impact Assessment (LMIA) is an official document that an employer in Canada may require before hiring a temporary worker. The LMIA is only valid for a specific role and must state the job title, location and hours of work.
Once a foreign worker has been selected for a role, they are able to apply for a work permit.
The completed LMIA will be sent to Employment and Social Development Canada (ESDC) who will assess the application based on merit. A successful outcome is known as a ‘positive LMIA’.
A positive LMIA is verification that no permanent resident can undertake the role, and sometimes referred to as a confirmation letter. It is a lengthy process requiring documentation and statistics relating to unsuccessful candidate applications, and hiring employers must demonstrate equality and fairness with regard to wage/salary and working conditions. Its overall purpose is to protect Canada’s domestic job workplace, as well as ensure that foreign temporary workers are treated equally to their Canadian counterparts.
The cost of an LMIA application fee is approximately $1000 per foreign worker.
It is unknown why certain roles are unfilled by Canadian workers, but it is likely related to vast retirement patterns and particular skill-gaps.
The most popular unfilled roles for professionals include: IT consultants, food service supervisors, cooks, bakers and hospitality staff, electricians, plumbers, agricultural workers, general construction workers, long-haul truck drivers, production workers, production workers, CNC operators, housekeeping and cleaning workers.
Providing that the foreign worker meets the requirements of the LMIA, their visa will last for a duration of 2 years.
The processing time of the LMIA is difficult to decipher, and can range from two weeks to several months. On occasion, there are chronic shortages within a particular profession which means that a more rapid processing time is possible. A quicker processing time may occur if recruitment is related to industries with severe labour shortages such as Information Technology.
There are strict guidelines relating to the eligibility of a foreign worker. The worker must undertake stringent language testing to demonstrate a certain level of either English or French which are the main languages of Canada. The worker is also unable to undertake additional roles with their LMIA, it is valid only for the role in question. If another role is sought or acquired at a later date, they must apply for another LMIA.
For an employer, they must prove that the role has been advertised across numerous platforms to ensure that permanent residents have been given a fair opportunity to apply. If they have failed to do so, their application is likely to be declined. Information relating to the role on offer, wage, location and duties must be detailed, as well as ensuring that unrepresented groups are able to apply. It is essential that the employment of a foreign worker will not affect the role of an existing Canadian worker in terms of shortened hours or termination.
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There are numerous common pitfalls and mistakes made within LMIA applications. Incomplete forms, poor research, absent detail and sub-standard advertising are just a few.
Vazir can make this process a lot more seamless. We wholly believe that the LMIA process is more straightforward and primed for success when expert guidance is sought.
As a leading, reputable immigration consultancy with 20 years of expertise behind us, we offer a one-stop-shop that connects skilled candidates with employers.
We have helped hundreds of employers receive foreign workers via the LMIA process. With our vast knowledge within the industry, we are able to guide you through the process from start to finish to give you the greatest chance of success. We can answer any questions you might have, identify your recruitment niche and predict your chances of receiving a positive LMIA.
If you need assistance with LMIA facilitation, please get in touch with us today.
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