When it comes to a Labor Market Impact Assessment (LMIA), many individuals looking to apply for a work permit are intimidated, confused and concerned for their ability to obtain a positive LMIA, so that they may have a chance of obtaining a work permit. In this article, we will attempt to help you understand LMIA’s, and clear up many areas we notice individuals commonly misunderstand in reference to their LMIA’s.
A labor market impact assessment shows whether or not foreign workers are needed to fill a specific position in the Canadian economy, or, it will determine there are Canadians available to fill a position, and the LMIA will be negative. A positive LMIA is needed to successfully apply for a work permit. If you do not first obtain a positive LMIA before applying for a temporary work permit, your application will be denied.
You need an LMIA to apply for any type of temporary work permit, other than an open work permit. A temporary worker, who is on any job-specific work permit, will have to obtain a positive LMIA from the Canadian government as proof of endorsement which allows the individual to work in Canada, where they could possibly be taking a job from a Canadian. If the temporary worker is in Canada on an open work permit though, they do not require a positive LMIA before filling a specific position, because their work permit allows them to work for any employer in Canada. Logically, it would be impossible to apply for a document which states you are not taking a position from a Canadian citizen or permanent resident, because the applicant cannot specify about which position must be analyzed, and it would be impossible to assess whether a foreign national is taking a position from a Canadian out of the entire economy.
The following are the cases where a LMIA may not be required but a work permit will be required.
This is sort of a joint effort between both you, and your employer. The application will require information regarding the applicant/ employee, and the employer/ company. As mentioned, this can be a confusing process, often, it is because the application requires two individuals to be involved, each with their own set of responsibilities. There are parts of the application the employer is responsible for, and parts which the employee is responsible for. As a result of this, we highly recommend individuals who are unfamiliar with the process contact an immigration representative. Contacting an experienced professional can greatly decrease the confusion and commotion which comes with preparing an application for an LMIA, but helping to smooth out the process and ensure everyone involved takes care of what they’re responsible for. There are fees which accompany the application for an LMIA. It is important to understand these are to be paid by your employer and not you. It is not permitted for the employer to request the potential employee to pay this fee.
The applicant will be expected to disclose extensive personal information, including family information, work and address history, criminal clearances, and perhaps, medical exams to prove they are allowed to enter Canada on a temporary basis, and to prove they are qualified to fill the position which is advertised.
The employer will be expected to provide much information regarding the business posting the position, to ensure they are an eligible employer as far as Canadian immigration services is concerned. Furthermore, they will be expected to provide details of the job offer. This includes information such as job location, duration, duties, education required as well as skills needed to complete the job. Finally, the employer will also need to show proof that reasonable steps were taken to ensure that they looked for local employees, but none are available, and this justifies the attempt to hire a foreign national.
Employers will have to show that they engaged in “recruitment efforts” to try and find a Canadian worker to do the job, but were unable to find anyone suitable. This will require proof that the job position has been posted for a minimum period of time via a number of different advertisement methods, to show the employer made a genuine attempt at recruitment. Employers will be expected to prove why it is important they are able to hire a temporary foreign worker and not a local Canadian worker. Then, in addition to this, further information will be needed with regards to how many Canadians applied to the job and how many were interviewed and considered for the position. If any Canadians were interviewed, you will need to provide information to explain why they were not suitable for the job.
Should you have any further questions or feel confused or unclear about how to apply for a Labour Market Impact Assessment, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain temporary foreign workers for their Canadian business. If you believe that you may be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!