What is a Labour Market Impact Assessment aka a LMIA?? Glad that you asked!
Canadian employers generally require a positive Labour Market Impact Assessment (LMIA) to hire an international worker.
The employer must apply for the LMIA through Employment and Social Development Canada (ESDC). An ESDC agent will assess the application and make a final decision on the application.
A positive LMIA determination demonstrates that exhaustive recruitment efforts were made by the employer here in Canada and that there is a genuine need for a foreign worker to fill the advertised job and that the hiring of a temporary foreign worker will have no negative impact on the Canadian labour market.
The international worker will typically need this document (the LMIA) when submitting a work permit application. (We say typically because there are some LMIA exempt categories)
A permanent resident applicant can also benefit greatly when a LMIA has been obtained. It can support an application for permanent residence in one of the economic programs, the Federal Skilled Trades Program, Canada Experience Class and the Federal Skilled Trades Program.
The LMIA process and requirements have evolved considerably in the past few years and will continue to evolve. The entire process has been overhauled, the applications are a work in progress and the advertising that needs to be done to support an application is so particular that it is no wonder employers are daunted by the process! Here is where we come in though, because at Canadian Portal Immigration our experienced staff work diligently to prepare the entire application, from start to finish.
We take care of drafting all the required advertising based on the job description that you provide us with. We will search out the appropriate types of acceptable advertising venues to highlight your available jobs and we ensure that all suitable applicants are sent to you for your review. We keep your company documents confidential and secure and ensure that the file is submitted on time and on point!
Sometimes an employer also need assistance in understanding what type of LMIA application is right for them. We can help with that. Not all employers are created equal and not all employers are eligible for all types of LMIA’s so we will assess your individual needs and provide solutions.
There are three types of LMIA an employer can apply for, but the application process and requirements vary depending on the skill level and wage range of the job. We will help you here in breaking down the different skill levels and the wage ranges, not to worry.
Applying for any LMIA can be a complex process. It requires a solid understanding of the objectives, requirements, procedures and rules around employer compliancy.
Types of LMIA's
LMIA – Under the Temporary Foreign Worker Program (TFWP)
This LMIA can be used only for a temporary foreign worker, where the job is temporary in nature. The government fess associated with this type of application are currently $1000.00 CAD per person. Many employers that currently have workers on staff that are currently in Canada working on work permit would not qualify for this option. We could add a ton of details about this program’s benefits and limitations however what is most important is that even if you do not qualify for this particular type of Labour Market Impact Assessment – we can find another solution.
LMIA – For the Purpose of Supporting a Permanent Resident Application (Arranged Employment)
This LMIA can be used only to support an individual with their permanent resident application. It cannot be used to facilitate the issuance of a work permit. There are no government processing fees for this type of LMIA. The employer is not subject to any type of cap on how many workers they are going to apply for however the worker must qualify for Permanent Residence in Canada for this type of LMIA to be of value to anyone.
LMIA – Dual Intent – Used for Both the TFWP and Arranged Employment for Permanent Residency
This LMIA can be used to support an individual’s work permit application and their permanent resident application. The advantage to this LMIA for an employer is that the worker may apply for a work permit and arrive earlier, thus assisting the employer in filling some labour shortages while retaining the employee on a permanent basis after the employee has applied for and been approved for their Permanent Residence in Canada. The government fees associated with this type of application are currently $1000.00 CAD per person.
Here at Canadian Portal Immigration we take a very hands-on approach to the preparation of a Labour Market Impact Assessment and the impact that the approval may have on the operation of your business and maintaining your staff.
If you, an employer, have already found a suitable employee, we can assist you in retaining that worker or we can assist you in adding to your staff to fill in legitimate labour shortages. Just tell us what you need and we will find a solution for your specific organization.
If you are in Alberta, British Columbia, Ontario or Saskatchewan and find that you need assistance finding suitable international talent, contact us to find out more about our international recruitment solutions. We are registered as required in Alberta with the Fair-Trade Act as an international employment recruiter and have the mandatory, similar registrations for BC and Saskatchewan as well.
We have excellent international talent that would be recruited and headhunted, specifically for the jobs that you must fill.
Contact us today to find out if you are eligible! We are here to assist from start to finish.