Find out what documents are needed for a LMIA
When applying for a Labour Market Impact Assessment, you may not know exactly what documentation is required of you in order to get a higher chance of a positive Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment, better known as a LMIA, is a document from Employment and Social Development Canada that permits a Canadian employer to hire a temporary foreign worker. When applying for an LMIA, there are specific documents that are required to submit from the Canadian employer and the employee alike. It is important that all of these documents are submitted with the application prior to hiring the foreign temporary worker. In this article, I will address the important documents needed from the Canadian employer and the foreign temporary worker for an LMIA application.
Documents Needed from the Canadian Employer
Every LMIA application can be different depending on the Canadian employer and the employee they are looking to hire. The below documentation is general, however, the more of these documents that you can submit, the stronger your application will be. It is very important to consider what you are trying to prove to Immigration by providing these specific documents. Therefore, keep this in mind when compiling the appropriate documentation.
The Canadian Employer must provide these documents to support the LMIA application:
- Job offer letter;
- Most recent T4 summary & most recent tax return;
- Business license/permit;
- Commercial lease agreement for place of business; and,
- Proof of advertising or recruitment for the intended position to date.
In order to better understand what it required from the employer, I will explain each document below.
Job Offer Letter
For the Job offer letter, it must include specific details of the intended job, such as if the employment is full-time and/or on a permanent/indeterminate basis, the description of the intended occupation and its duties, and lastly, the salary and benefits to be paid to the employee. It is also very important that the job offer be signed and dated by the individual that is responsible for hiring prospect employees for the Canadian employer.
Most Recent T4 Summary & Most Recent Tax Return
These are provided in order to prove to Immigration that the Canadian employer is currently in good standing with Canada Revenue Agency and, most importantly, the Government of Canada. Keep in mind; you may submit copies of these documents, unless otherwise instructed.
Business License/Permit
This is provided in order to demonstrate that the Canadian employer is a valid business and that they are authorized to operate within Canada. Keep in mind; you may submit a copy of this document, unless otherwise instructed.
Commercial Lease Agreement for Place of Business
This is provided in order to prove to Immigration that the Canadian employer has an established business within Canada. Keep in mind; you may submit a copy of this document, unless otherwise instructed.
Proof of Advertising or Recruitment for the Intended Position to Date
For the Canadian employer, this requirement will be the most important of the entire application process. You must prove and show evidence that you have made sufficient attempts to acquire a Canadian citizen or permanent resident to fill the intended job being offered. You will need to satisfy Employment and Social Development Canada that you have done so successfully. In order to do this, you would have to post the intended position on recognized employment websites, websites of professional associations and/or national newspapers. However, you are obligated to advertise the intended position on the Canadian government’s Job Bank. In the case that Immigration asks for the evidence that you have done this, you must keep copies of all of the job postings that were posted and any applicants that have applied for the jobs. To prove that applicants have applied for the intended job, you may provide Immigration with their resumes.
Documents Needed from the Foreign Temporary Employee
Every LMIA application can be different depending on the Canadian employer and the employee they are looking to hire. The below documentation is general, however, the more of these documents that you can submit, the stronger your application will be. It is very important to consider what you are trying to prove to Immigration by providing these specific documents. Therefore, keep this in mind when compiling the appropriate documentation.
The Foreign Temporary Employee must provide these documents to support the LMIA application:
- Passport & current immigration document in Canada;
- Resume;
- Reference letters from previous employers;
- Any degrees, diplomas, certificates or certifications; and,
- Any additional documentation showing qualification for the intended job.
In order to better understand what it required from the employer, I will explain each document below.
Passport & Current Immigration Document in Canada
The passport is required in order to identify yourself. Whereas, the current immigration document in Canada is only required if the foreign worker is already in Canada. This is provided in order to show that the foreign worker is authorized to stay in Canada. Keep in mind; you may submit a copy of this document, unless otherwise instructed.
Resume
This is provided to show your qualifications, work experience, education, skills and duties. Additionally, it should be amended to include specific job descriptions and duties of the occupation that you are intending on applying for. Keep in mind; you may submit a copy of this document, unless otherwise instructed.
Reference Letters from Previous Employers
These are provided to prove your previous work experience with these previous employers. It will also indicate that you are competent and are able to perform the intended job duties. These reference letters must include the company’s full address and contact information, the start and end date of your employment period, the job title that you worked, the job duties of the job, whether the job was permanent and full-time, and the number of hours worked a week. If possible, you may ask the previous employer to include the specific National Occupational Classification (NOC) code you are applying for as well. Most importantly, the reference letters must be signed and dated by the individual responsible for hiring people at the company. Keep in mind; you may submit copies of these documents, unless otherwise instructed.
Any Degrees, Diplomas, Certificates or Certifications
These are provided to show that you meet the educational requirements for the intended job. These qualifications are specified in the NOC code of the intended job. Keep in mind; you may submit copies of these documents, unless otherwise instructed.
Any Additional Documentation Showing Qualification for the Intended Job
Any supporting and additional documentation that you can provide that may show your qualification for the intended job is always beneficial to the application. For instance, you may provide samples of work you have done in the past, letters of commendation from coworkers and/or previous employers, etc. The more supporting documentation you provide, the stronger your application will be.
Contact Akrami & Associates
If you are a Canadian employer and would like to apply for an LMIA to hire a temporary foreign worker, we can help you with this process. Applying for an LMIA can be confusing if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned required documentation prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients acquire temporary foreign workers for their business. If you believe that you might be eligible for an LMIA, 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!