Recruitment Efforts under the Labour Market Impact Assessment

Hiring Foreign Worker to Canada

Want to hire a temporary foreign worker but don’t know where to start? There are many steps involved in the process of hiring a foreign worker; for example, the process of applying for a positive Labour Market Impact Assessment (LMIA). There are certain steps that employers need to take even before they start their LMIA application process. Let’s examine what you need to do before you can even be eligible to apply for an LMIA.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO) is a document that employers have to apply for and it is processed by Employment and Social Development Canada (ESDC) and Service Canada. In other words, this document is the proof that Canada lacks the kind of skilled work or labour that you as an employer might be looking for. A positive LMIA document will enable employers to hire temporary foreign workers as it enables individuals to apply for work permits. Having a positive LMIA does not guarantee an approved work permit which is a separate procedure that should be conducted on its own.

Do you need a Labour Market Impact Assessment?

It’s crucial to know if you even need to apply for an LMIA. You don’t always need an LMIA; there are certain employment categories that do not require an LMIA to apply for a work permit. Some jobs do not even need to apply for a work permit but might need a visa to enter Canada. This may seem overwhelming so we highly recommend you consult a professional before making a decision. There are many individuals who are exempt from applying for an LMIA and they include but are not limited to:

• Athletes

• News Reporters

• Performing artists

• Business visitors

• Study permit holders

These are only some of the people who do not require an LMIA or sometimes do not even require a work permit to conduct work in Canada. So make sure you qualify for LMIA’s and not start recruitment efforts and waste time and resources for such positions not knowing that these are LMIA exempt workers.

Once you have established your eligibility for an LMIA

Once all research is conducted and you have established that you do indeed require an LMIA in order to hire a temporary foreign worker then you need to start your recruitment efforts. Remember the Temporary Foreign Worker Program was created to boost the Canadian economy and to find foreign worker who help mobilize the Canadian economy. Hence it is imperative to the government that the foreign worker program be utilized as a last resort; this is also in a way a boost to the Canadian economy. So essentially, an LMIA is a determining factor when it comes to hiring foreign workers. Service Canada and Employment and Social Development Canada process your LMIA application and determine whether or not there truly exists a lack of whatever labour shortage you are trying to fill in by bringing a non-Canadian into the Canadian work force. When you apply for a positive labour market impact assessment, you are basically trying to prove to the Canadian government beyond a doubt that you cannot locate a qualified individual within Canada to carry out the position you are offering.

How can I prove there is Labour Shortage?

You will prove this labour shortage to the government by advertising to recruit a Canadian citizen, permanent resident card holder or even a work permit holder currently residing in Canada. Here are a few things you need to know for recruitment efforts.

LMIA Advertisement Efforts

You have to attract Canadian residents to your job by advertising this on government approved portals such as the job bank, Monster.ca, Indeed.ca, Kijiji, Craigslist, Allstar, Alljobs.ca and many more. One of the crucial aspects of advertising is to make sure that you use job bank, this is a requirement by the Canadian government. If you chose to not do this, you will then be required to explain your decision and advertise somewhere else that has as much reach as job bank does. Depending on the position you are offering, your advertisements should be uploaded on general employment websites, classified websites or even specialized websites. Depending on the position being offered, you may be required to do the following:

• Search unions

• Participate at job fairs

• Job fairs at universities

• Recruitment internally

• Partner up with institutions to recruit students

• Search professional agencies

LMIA Advertisement Duration

How long you should advertise depends on the type of position you are offering. But generally, the government prefers to have the recruitment efforts ongoing until an LMIA has been approved or rejected. In simple terms, your advertisement should be active about three months before submission of an LMIA application and until a decision has been rendered. The duration of your advertisement is very important as it clearly states how serious you are about hiring a Canadian resident rather than a temporary foreign worker. Please keep in mind, you cannot simply advertise, your recruitment efforts should clearly prove that you are in fact interested in locating a Canadian resident. Some of the things that you have to keep in mind before advertising should be:

• Determining the wages and salaries – this can be a lengthy process of researching the government websites and local wages

• Benefits associates with this position

• Being aligned with human rights, employment standards and labour laws

• Job descriptions must not violate Canadian labour laws

• Audience – this is very important as you want to target the youth, indigenous people, marginalized people, minority groups, person with disabilities, new immigrations etc.

• How to involve the Canada Revenue Agency in your efforts

• Privacy precautions while advertising

This strategy makes sure that all recruitment efforts were made to recruit a Canadian resident before offering the job to a non-Canadian.

Remember, the financial burden of recruitment efforts is always laid upon the employer not the temporary foreign worker.

Service Canada and Employment and Social Development Canada may require you to extend your recruitment efforts should they feel that there might be qualified Canadian to carry out this job. Remember to keep all your recruitment effort documents as Service Canada/ESDC may request for it up to 6 years after an LMIA has been submitted. You may also be subject to random inspections to make sure no laws are violated.

Want to hire a Temporary Foreign Worker in Canada? Then Contact Akrami & Associates

Akrami & Associates has assisted many clients with different immigration matters from temporary to permanent applications. If you’re looking to hire a TFW in Canada than contact Akrami & Associates for more details at 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Contact us today!

With Akrami & Associates there is always a way!!