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Are you a foreign worker with an interest in working in Canada? If so have you looked into the requirements? Most jobs will need a Labour Market Impact Assessment (LMIA). Depending on the type of employment you are seeking you may or may not need a LMIA.
Labour Market Impact Assessment also known as LMIA is a document that an employer would have to apply for before hiring a foreign worker. The employer will first send an application to Employment and Social Development Canada (ESDC). The employer has to show that no other Canadian can do the job he is offering and hence he has to look for foreign workers outside Canada to satisfy the job duties. The ESDC will weigh several factors in evaluating the effect on the Canadian Labour Market. The factors such as wages, working conditions, whether a Canadian citizen or permanent resident is able to do this work as well as the worker’s skills and knowledge would be considered and the effect it would have on the Canadian market for example to create more jobs. A Positive LMIA would mean it is essential to employ a foreign worker to fill the position and may be regarded as a confirmation letter.
There are four categories that an employer can submit an application which include: higher skilled, lower skilled, agricultural workers and live in care givers.
A job offer
A contract
LMIA number
LMIA copy
A LMIA is not required for all foreign workers who wish to work in Canada. You may be exempt from a LMIA but you would still need to apply for a Work Permit. Exemptions include the following:
Foreign Workers under agreements such as NAFTA, and are considered to benefit Canada, does not require a LMIA
A LMIA exemption is given to sole owners or private entrepreneurs who are able to validate that their business will bring significant benefit to Canada. They will have to display their work is temporary in nature.
Exchange programs such as student co-op programs, teacher exchange program or working holiday visa are exempt from the need for a LMIA.
Executives, managers, or specialized workers that work for a foreign Company that will be transferred to a qualifying Company in Canada may be exempt from a LMIA.
Spouses and children of foreign workers on a Canadian work permit for a skilled position.
Religious workers working for a charitable organisation or a religious institute will be exempt for a LMIA
An individual holding a certificate of selection to a particular province such as Quebec, and is nominated to that province will have the requirements of a LMIA waived.
Any Ph.D. student who is pursuing a post-doctoral fellowship from a Canadian Institute is exempt from an LMIA
New regulations have come into effect on February 21, 2015 that require foreign workers that are exempt from the LMIA to provide their job offer directly to Immigration, Refugees and Citizenship Canada (IFCC). They have to pay a new compliance fee through the employer portal before the application for work permit is submitted.
The Labour Market Impact Assessment was known as the Labour Market Opinion, and on June 20, 2014 some significant changes were made to the program
The fee for Temporary Foreign Worker seeking approval was increased from $275 to $1000
Employers have to be more explicit regarding the number of Canadians interviewed for the position and the reasons they were not employed.
The wages of the Temporary Foreign Worker cannot go below a certain percentage and will be based on the provincial median hourly wage
Duration was reduced for the work permit from two years to one year.
Temporary Foreign Worker will have to reapply to extend the work permit.
Temporary workers will need to renew their visas before expiration of their work permit. Before applying for a new work permit they will need to get a new Labour Market Impact Assessment from Employment and Social Development Canada if required or pay the employer compliance fee and submit an offer of employment to Citizenship and Immigration Canada (CIC) if an LMIA is not required.
Any employer who is employing a temporary worker through the Temporary Foreign worker Program (TFWP) to fill up temporary labour and skilled work shortages will require an LMIA.
The International Mobility Program (IMP) lets employers hire temporary foreign workers who do not need a LMIA. The temporary worker will have to go through the employer’s portal pay the employer compliance fee and submit an offer of employment form through the Citizen and Immigration Canada. This should be done before applying for a work permit.
If you are coming under any foreign agreement such as the North American Free Trade agreement (NAFTA) or you are self-employed, then you do not need a LMIA but you still need a work permit. Your business however should bring considerable benefit to Canada.
The process to apply for a Temporary Foreign Worker Permit is complicated. If you have found a worker you would like to hire then you may consider giving us a call and we can help you file a successful LMIA application with Employment and Social Development Canada. If you have not submitted all the documents and your information is incomplete, your application will be returned to you, causing you delay in processing and getting your workers to Canada to get the job done, especially in the case of seasonal workers. We at Akrami and Associates will strive:
To help you prepare and draft the necessary application forms.
Help you put together supporting documents that are required to be submitted with your application.
Follow up with Citizenship and Immigration Canada, to ensure processing times are not too long and determine the status of your application.
With Akrami & Associates there is always a way!!
