Labour Market Impact Assessment (LMIA)
LMIA is a verification process or a document that an employer may need to get before hiring a foreign worker in Canada. A positive LMIA will show that there is a need for a foreign worker to fill the job. The LMIA is issued by ESDC and positive LMIA is sometimes called a confirmation letter. Almost all Canadian work permits require a Labour Market Impact Assessment (LMIA), that also called a Labor Market Opinion, helps to hire a temporary foreign worker.
Positive LMIA – Positive LMIA confirms that there is a need for a temporary foreign worker.to obtains a positive LMIA there is need to be follow detailed guidelines, paying attention to the minutiae, and providing a clearly articulated position.
Negative LMIA – In negative LMIA a Canadian should be employed in the position, while an LMIA is usually required for a Canadian employer to hire a temporary foreign worker.
Once an employer gets the LMIA, the worker can apply for a work permit; a worker needs the following details to apply for a work permit
- Job offer letter
- A Contract
- LMIA number
LMIA Application Requirements
- Certain applicants under the LMIAs may be exempt from processing fees.
- Some Documents are required for an employer’s status as a legitimate Canadian business.
- Employers must submit a plan for how they fulfil the need to hire foreign nationals.
- Employers must submit required proof that shows substantial efforts to recruit Canadian citizens
- Applications must include information regarding the TFWs wages
- Temporary foreign worker is entitled to the same standards of workplace safety as Canadians
Exemptions to the LMIA requirement
International Mobility Program – Canadian employers to hire temporary foreign workers without the need for a Labour Market Impact Assessment (LMIA)
International Mobility Program (LMIA) exemptions are based on the following conditions:
- Cultural, economic or other competitive advantages for Canada
- Reciprocal benefits enjoyed by Canadians
If an employer hires a foreign worker through International Mobility Program, he must Confirm the position in question qualifies for an LMIA-exemption and Submit the official job offer through employer portal.
International Agreements – Under this program certain types of employees can transfer to Canada from other countries, a significant number of LMIA-exemptions are available through international agreements between Canada and other countries.
Canadian Interests – In this Canadian Interest Exemptions, LMIA-exemptions must demonstrate that the exemption will be in the best interest of Canada. In order to qualify for an LMIA-exemption, the employment of a foreign national must demonstrate significant social or cultural benefit to Canada.
Additional LMIA-Exemptions – certain candidates for Canadian permanent residency may be eligible to apply for LMIA-exempt work permits, LMIA-exemptions are granted for humanitarian reasons for some cases.
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