Labour Market Impact Assessment (LMIA)

Labour Market Impact Assessment (LMIA)

In most cases, foreigners who wish to work in Canada might need a Work Permit. And to obtain a Work Permit in Canada you might need a Job offer supported by Labour Market Impact Assessment (LMIA) from a Canadian employer. First, you need to determine whether you need a Work Permit. A positive LMIA( formerly known as LMO) confirms that there’s no permanent resident or Canadian citizen available to fill the job opportunity offered to you as a Temporary Foreign Worker (TFW).

Canadian employers can apply for LMIA through  Employment and Social Development Canada. applying for a labor market impact assessment or LMIA is a multi-stage process to obtain authorization to hire a temporary foreign worker. There are many stages involved in order to obtain a positive LMIA smoothly. Obtaining positive LMIA can be a very overwhelming process for employers who are thinking of doing the application themselves. Whether you are a Canadian employer who intends to apply for LMIA, or a Temporary Foreign Worker who wish to apply for Work Permit or Permanent residency with LMIA, please Contact Us today. Our team can conduct a preliminary free assessment to provide you with information about each and every step necessary to reach your goal. Our skilled immigration consultants and lawyers have a specialty in the LMIA application process.
Temporary foreign workers who obtain an LMIA must make sure they meet the qualifications for the job being offered to them in order to obtain a work permit. For example, they must be able to respond to emergency situations or in some cases, they must have the necessary certification before they are allowed to perform their job duties in Canada.
What Documents I need to apply for LMIA
Employers must meet certain requirements to apply for LMIA. Some of these documents are briefly is mentioned below

1.   Processing Fee:

LMIA processing fee for most of the applications is $1000, but there are some occupations that are exempt from paying LMIA processing fee.

2.   Transportation:

In some cases, Employers must pay for the round-trip transportation of the Temporary Foreign Worker (TFW) to the location of work in Canada, and back to the TFW’s country of residence

3. Day-to-day transportation

In some cases, Employers must provide to the TFWs, with day to day transportation,

4. Housing

For certain occupations, employers must provide TFWs with suitable, affordable housing

5. Health insurance

It is the employer’s responsibility to make sure that all their TFWs are registered for provincial/territorial health insurance as soon as they obtain their Work Permit.

6. Workplace safety

It is the employer’s responsibility to make sure that all their TFWs has the provincial/territorial workplace safety insurance.

7. Employment contract

Employers and workers are required to sign the Employment contract and both parties have to keep a copy

Business legitimacy to obtain Labour Market Impact Assessment (LMIA)

Employers must attach necessary proof along with their Labor Market Impact Assessment application to show that their business and job offer is legitimate

Ineligible Employers

To be eligible to hire a Temporary Foreign Worker (TFW) the name of the business shouldn’t appear on the list of ineligible employers which can be seen here.
If employers pass all the necessary steps, they will receive a positive LMIA letter. This positive LMIA is valid for 6 months.
NOTE: LMIA can supports both the skilled worker’s application to IRCC for:
1.permanent residency under the FSWP, FSTP or CEC
2.work permit.

Obtain Work permit with Labour Market Impact Assessment (LMIA)

IRCC will assess work permit applications for TFWs. If IRCC finds the job being offered is legitimate and the employee has all the requirement mentioned on the LMIA, plus all the necessary certifications, the foreign worker will receive a work permit. The validity of this Work permit is directly related to the time, applied to the LMIA application. This Work permit allows the TFW to work for the employer only in the occupation named on the LMIA and the location mentioned in the LMIA

Obtain Permanent resident visa with (LMIA)

In order to become a permanent resident, applicants must meet all the requirements under the Express Entry program.

Employer responsibility after obtaining a positive LMIA

Employers who hire a TFW must follow all federal-provincial-territorial employment regulations. All workers including TFWs in Canada have the same labor and human rights.
Employers are required to demonstrate that the foreign workers were provided with substantially the same:

  • occupation, as set out in the positive LMIA letter and annexes
  • working conditions; and
  • wages

Our team of professional Immigration consultant and lawyers will help you to submit your LMIA application or apply for Work Permit supported by it, very smoothly. It will be our pleasure to help you with your application. We will let you know how long the process will take and what step you need to take.

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