Author : Vaishali Jaitly RCIC-IRB
What is an LMIA
In Canada, an LMIA (Labour Market Impact Assessment) is a crucial document that employers may need to secure before hiring a foreign worker. Issued by Employment and Social Development Canada (ESDC), the LMIA confirms the employer’s need to fill a specific role with a foreign worker, as no qualified Canadian citizen or permanent resident is available for the position. A positive LMIA serves as evidence that hiring a foreign worker won’t negatively impact the Canadian labor market but rather address a genuine skills shortage.
This process helps balance the domestic job market by ensuring that local talent is prioritized before bringing in international workers, thereby maintaining the integrity of employment opportunities in Canada.
1. Job Posting and Recruitment: Proving Your Efforts
Before you can apply for an LMIA, the first step is demonstrating that you’ve made every effort to hire Canadian citizens or permanent residents. Employers must actively advertise the position for a minimum of four weeks on various platforms, such as online job boards and other relevant media. This is a crucial requirement to prove that there are no qualified Canadians available for the role.
2. Submitting the LMIA Application: Making Your Case
Once the recruitment process is complete and no suitable Canadian candidates have been found, the next step is to submit the LMIA application to Employment and Social Development Canada (ESDC). Your application should include all the necessary details about the job, your recruitment efforts, and the terms and conditions of employment for the foreign worker. This is your chance to showcase why hiring a foreign worker is essential for your business.
3. LMIA Assessment: ESDC’s Decision-Making Process
After submitting the application, ESDC will review it to assess the potential impact of hiring a foreign worker on the Canadian labor market. The key factors they consider include:
- Your recruitment efforts to hire Canadian workers
- The wages and working conditions being offered
- The skills required for the job
- The overall impact on the local labor market
What happens next?
If your application is approved, you’ll receive a positive LMIA, also known as a confirmation letter, which gives you the authority to hire a foreign worker. If denied, a negative LMIA will be issued, and you’ll need to continue your search for a Canadian work
Once the positive LMIA is in hand, the foreign worker can then apply for a work permit through Immigration, Refugees, and Citizenship Canada (IRCC). The LMIA confirmation letter is a key document that must be included in the work permit application. Once approved, the foreign worker will be able to legally work in Canada under the terms agreed upon in the LMIA.
To conclude
Employers in Canada cannot charge foreign workers for the LMIA fee or any recruitment costs. Doing so can result in fines, hiring bans, or imprisonment. For foreign workers, paying the fee may lead to denied work permits or being declared inadmissible to Canada. With increased government audits, it’s vital to adhere to the rules and avoid potential legal issues.
As a Regulated Canadian Immigration Consultant (RCIC), my role is to guide you through the intricate landscape of Canadian immigration laws, including the Labour Market Impact Assessment (LMIA) process. Whether you’re an employer seeking to hire foreign talent or a worker looking to secure a job in Canada, I’m here to simplify the complexities and ensure a smooth, compliant process from start to finish. Let me help you understand and navigate the steps, ensuring you stay informed and confident throughout your immigration journey,
we’d be happy to help. You can book an appointment with us online here: Commune One Immigration Consultancy – Book Appointment.