Work Permit Application for Foreign Worker – LMIA
The Canadian job market keeps growing, which has many Canadian employers searching far and wide to fill labour shortages with skilled and/or specifically trained workers to meet their demands. As such, Canadian employers may find themselves in the position of recruiting foreign individuals to fill the positions their companies so desperately need.
The Labour Market Impact Assessment (LMIA) application is one pathway that Canadian employers have to take in order to recruit and legally employ foreign talented and/or skilled workers. Depending on the function LMIA can be three types: Regular LMIA, LMIA Express Entry and dual LMIA
This application is made directly to Employment and Social Development Canada (ESDC), a department of the Canadian Government which oversees and provides decision on LMIA applications. The department needs to ensure that the Canadian labour market is not negatively impacted by bringing foreign talent, but at the same time, attempts to address shortages in the labour market by permitting Canadian employers to recruit non-Canadian Citizens and/or Permanent Residents.
Once ESDC conducts their assessment and concludes that the Canadian employer took all reasonable efforts to recruit a Canadian Citizen or Permanent Resident for the position but was unsuccessful, a positive LMIA may be issued which would permit the foreign worker to apply for their work permit based on the approved LMIA.
How to Apply for LMIA
There are a number of steps involved when applying for the LMIA. There are specific requirements to be met by the Canadian employer, including conducting recruitment of eligible Canadian Citizens and/or Permanent Residents for a minimum of 30 days, while ensuring that the wage being offered for the position is at or above the prevailing median wage for the region in which the position will be performed. It’s important to note: the recruitment process will differ depending on whether the position is classified as either a low-wage or high-wage position.
The company will also need to show that bringing in a foreign worker will result in the transfer of knowledge and skills to the Canadian labour market and/or will contribute to the creation of new jobs. Lastly, the company will also need to be prepared to provide company documentation evidencing its financial strength to support the hiring of foreign workers.
Many LMIA requirements for employers exist. The employer will need to showcase supporting documentation that no permanent resident or Canadian citizen is available to complete the given job role. As per this reasoning, the employer will need to show that relevant efforts were made to recruit permanent residents or Canadian citizens and the wages offered were consistent with that prevailing in the same location.
Once the Canadian employer is in receipt of a positive LMIA, the foreign worker must apply for a work permit and demonstrate that they both meet the criteria of the intended job in Canada and not be inadmissible based on any of the inadmissibility grounds stipulated under the Immigration and Refugee Protection Act.
The validity of the LMIA is dependent on whether the position is low or high-wage, and cannot be renewed. Once expired, the Canadian employer must apply for a new LMIA.
LMIA and Express Entry
Foreign nationals in receipt of a positive LMIA who meet the criteria under the Federal Skilled Worker stream of the Canadian express entry program may be granted additional points. A positive LMIA for a foreign national who will be employed in a position under NOC00 may grant the foreign national an additional 200 points of their profile. A positive LMIA in NOC’s 0, A or B will grant a foreign national an additional 50 points on their express entry profile. As such, a positive LMIA can help foreign nationals achieve the minimum required point average in order to be chosen for Canadian permanent residency.
How We Can Help
Are you planning to apply for LMIA? Strategic planning, accurate documentation, and attention to detail are vital in making sure that favorable outcomes are achieved. Partner with highly rated Nanda & Associate Lawyers to secure customized legal help and begin your LMIA application today.
