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LMIA Assistance
Canadian Immigration
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What is LMIA?
Labour Market Impact Assessment (LMIA) is a license given by the Canadian government. This license enables employers in the country to hire foreign workers for different jobs. The LMIA license also allows employer supports employees’ application for a work permit.
An employer can only apply for LMIA if he has already applied to ESDC. The job of the ESDC is to attest and provide evidence to not find anyone in the country to do the particular job, thereby requiring foreign employees. Upon approval, employers can use the license to hire foreign workers who may not have a work permit or need an extension of a work permit in Canada.
What Are the Requirements for an LMIA Application?
The requirements for applying for LMIA are fundamental guidelines Canadian employers must meet before hiring a foreign worker for specific jobs that whose experts are not in Canada. It is mandatory for all employers who wish to employ foreign workers to get an LMIA license, which is known as Labor Market Opinion (LMO).
The temporary Foreign Workers Program is an opening that allows employers to employ temporary staff who intend to only work for a short while. Employers who intend to hire workers via the TFWP platform must first apply for LMIA in addition to paying a sum of $1,000 for each worker hired.
The LMIA document gives an employer the license to hire foreign workers. The government issues it as approval to bring people to work. An employer whose LMIA application is successful will be given a document from the EMPLOYMENT AND SOCIAL DEVELOPMENT, CANADA. This document is an authorization that the employers are now permitted to hire temporary workers in the case of shortage.
The LMIA program confirms that no one is qualified in Canada for the job. Hence, a foreign worker is required to do the job.
Why Does an Employer Need LMIA To Hire?
Canada’s government has made the Labour Market Impact Assessment (LMIA) document compulsory for Canadian employers. Employers should obtain this document from Employment and Social Development Canada (ESDC)/ Service Canada. It is essential for employers who intend to hire foreign workers who will work temporarily. The document indicates that no one in Canada can do the job, hence the need for foreign workers.
How many points are received from LMIA?
In Canada, the Labor Market Impact Assessment (LMIA) is used by Employment and Social Development Canada (ESDC) to assess the impact of hiring a foreign worker on the Canadian labor market. LMIA is not a points-based system, but rather a process that evaluates whether there is a need for a foreign worker to fill a job, and whether there are enough qualified Canadians or permanent residents available to do the job.
However, if the LMIA is positive, the foreign worker may be eligible to apply for a work permit, which is part of the process for obtaining permanent residency through the Express Entry system. In the Express Entry system, candidates are awarded points for various factors such as age, education, language proficiency, and work experience, among others. The total number of points a candidate can receive depends on the specific immigration program they are eligible for, but generally ranges from 300 to 1200 points.
How it LMIA impact your PR application?
The Labor Market Impact Assessment (LMIA) can have a significant impact on a person’s permanent residency (PR) application in Canada. Here are a few ways LMIA can impact a PR application:
- Eligibility: In order to be eligible for certain immigration programs, such as the Federal Skilled Worker Program, a person must have a valid job offer from a Canadian employer and a positive LMIA. The LMIA is used to assess the impact of hiring a foreign worker on the Canadian labor market, and is necessary for the foreign worker to obtain a work permit.
- Points: If a person has a valid job offer and a positive LMIA, they may be eligible to receive additional points under the Express Entry system. These points can increase a person’s chances of being selected for PR.
- Processing time: If a person has a positive LMIA and a valid job offer, their PR application may be processed more quickly, as they are already working in Canada.
- Priority processing: In some cases, immigration programs may prioritize PR applications from individuals who have a valid job offer and a positive LMIA.
It’s important to note that even with a positive LMIA and a valid job offer, there is no guarantee that a PR application will be approved. The final decision on a PR application is made by Immigration, Refugees and Citizenship Canada (IRCC) and is based on a number of factors, including the person’s qualifications, language proficiency, and ability to support themselves financially.
What kind of LMIA's Employer can support?
LMIA differs, and the type obtained mainly depends on the employers’ needs. They are as follows:
1. LMIA For Caregivers
This LMIA application is to be applied and submitted by citizens of Canada or permanent residents who need a caregiver.
2. Low-Wage LMIA
This application is to be made when employers can only offer wages below the provincial median rate.
3. High-Wage LMIA
The high-wage LMIA is to be applied when the intended employer can only offer and pay above or equal to the provincial median rate
4. LMIA For Permanent Residency
This LMIA is applied when employers intend to help their employees become permanent residents. An employer can also apply for an LMIA that provides a work permit for the worker while they are yet to become a permanent resident.
5. Dual Intent LMIA
The self-employed LMIA is used when a person intends to be self-employed and is willing to improve the economy of Canada. This person must also be ready to create more jobs in the country.
The requirement for this recruitment usually takes 28 days before an employer can submit an LMIA. However, how long the recruitment takes depends on the job type or the LMIA type.
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The number of LMIA employers can apply for and get depends on certain factors. However, an employer can generally get as many LMIAs they need as long as it is legal. However, there are restrictions on the number of foreign workers allowed for low-skilled jobs. Sometimes, these restrictions can be a result of the regional unemployment level.
Often, a job offer has to be supported by an LMIA. This indicates that an employer must first apply for one from the ESDC/SC. An approved LMIA must be attached to the job offer presented to the employee.
The work permits available in Canada have often closed work permits, which means that an employee needs an LMIA alongside it. A closed work permit is given to a foreign worker, allowing them to work in a job position and under a specific boss, according to the LMIA.
It takes the human resource authorities two months to process an LMIA request. When the request is received, it can take three months to complete the process and get it approved.