Here in this article, we are discussing about the LMIA online process, its requirements, employers responsibility, its cost, and of course its definition.
The term LMIA stands for ‘Labour Market Impact Assessment.’ If any of your employers need an LMIA, they must apply. Once they apply for it, the employee can further apply for a work permit. If working in a foreign land has been your dream job. Know the procedure and all other aspects of LMIA. This requirement is not for all foreign workers.
Get your LMIA Approved: Apply for LMIA Online
What Does an LMIA State?
Remember that an employer in CANADA needs an LMIA before hiring you as a foreign employee. This letter confirms that there is a requirement for a temporary foreign worker. Another important thing that it tells is no permanent residents or Canadians are required to do the job.
When Should You Apply for LMIA
It’s important to note that choosing foreign employees at the time of the LMIA application is not necessary. Within six months of the LMIA’s approval, employers may use a ‘Unnamed Labour Market Impact Assessment’ to select foreign workers.
Employers may submit an LMIA application up to six months before the anticipated start date for foreign employees.
What Is The Cost Of LMIA in Canada
The application cost for the LMIA is around $1,000 for each application. But before moving on to apply, one knows to qualify for an LMIA, only English and French are acceptable. No approval is given to applicants with other languages.
Your employer is responsible for the application fee for LMIA. If an employer is looking for an LMIA, they must file five different LMIA applications.
Employment And Social Development Canada Role for LMIA
You should know that the ESDC must get a qualifying LMIA application from your Canadian employer. Also, the employer must state why a candidate is rejected and how many Canadians applied.
ESDC Will Also Consider These Factors
The applicants or employers needing an LMIA should note that ESDC will only issue a positive LMIA if they are compelled that the specific region or industry supports foreign labor.
- They will see if any Canadians are willing to be hired for this job post.
- They will see if any efforts have been made to hire a Canadian for this position.
- The ESDC will check if the employer’s wages match the region’s average wage rate.
- They will check the Canadian Labour Standards and see if the working conditions are acceptable.
- Can they create jobs in Canada by hiring a foreign person?
- They will also check for any disputes regarding the employer and the industry for the location of the job.
Once you get a positive LMIA, the applicant can’t change jobs or employers. Once the work permit is in hand, they cannot locate to a different region in Canada. If you want to do so, you will need a fresh LMIA.
Heading forward, we will brief you about the high-wage and low-wage workers. Let us understand them.
Also Learn: Learn about Canada Immigration
What are High-Wage and Low-Wage Workers
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High Wage Workers in Canada
High-wage workers are the ones who are equal to or more than the average wage rate. For Canadian employers who want to hire temporary foreign workers, a wage rate equal to or higher than the provincial hourly wage rate will have to submit a transition plan.
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Low Wage Workers in Canada
The low-wage workers are those whose remuneration is lower than the territorial median wages. The LMIA does not want employers to submit a transitional plan to hire low-wage workers.
With this, you will know the category for which you want to process your LMIA online.
How to Apply LMIA in Canada
Want to apply for an LMIA as in Canada? Here are the steps listed for you below.
Step 1: Look for a Job Offer
You need a genuine work offer from a Canadian company to submit an LMIA application. The company must show that they sincerely tried to fill the position with a Canadian citizen or permanent resident but were unsuccessful.
Step 2: Your Employer Will Apply for LMIA
Employment and Social Development Canada (ESDC) must receive an LMIA application from the Canadian employer and additional supporting documentation/ These documents are job description, hiring attempts, and a transition plan.
Step 3: Go Ahead and Pay the Fees
The employer is liable for paying the charge associated with the LMIA application.
Step 4: Assessment for LMIA will be Done
When evaluating an application, ESDC considers how it would affect the Canadian labor market, the pay paid, the working environment, and the employer’s adherence to the law. This assessment assures that recruiting a foreign worker will not have a destructive impact on Canadian employees.
Step 5: Once You Receive the LMIA
A positive LMIA will be given to the employer if the LMIA application is accepted. This document outlines the duties, expected time commitment, and additional requirements.
Step 6: Apply for a Work Permit After LMIA Online
The foreign worker can proceed to apply for a work permit from the IRCC once they receive a positive LMIA. Along with other documentation, the work permit application will need evidence of a positive LMIA.
These steps will give you a better overview of the LMIA process.
Need help? Connect with Imperial Immigration for successful application approvals.
The Processing Time for LMIA in Canada
The processing time for any application to Canada, whether work or study permits, is unstable. It can take from weeks to months. An LMIA needs to be processed further by Employment and Social Development Canada (ESDC) in 10 working days.
You should always contact an experienced immigration professional for this process. Rely on the official website for the result. However, a few LMIA applications can be processed within ten days. They are as follows:
- The application for skilled trades is the most demanding occupation there.
- The country’s top highest-paid positions and their applicants will be processed within this period.
- Shorter work permit applications lasting 120 days or less can be processed within this.
We hope you know a little about this application’s processing time.
Why Does Canada Require LMIA?
Canada, as a country, is very welcoming of immigrants. With a multi-cultural population, it is one of the most adaptive countries for foreigners. Applicants from various countries can use the Temporary Foreign Worker Program to work in Canada. But keeping all this in mind, the government wants to be fair to its permanent residents and citizens.
LMIA Requirements for Employers in Canada
Through an LMIA, the immigrants can access the domestic workforce first. The companies can look out for foreign workers if domestic applicants cannot employ any roles in the country. Read about this application’s process in the next section to have a better understanding.
Step-by-Step Process for an LMIA Application
To receive an LMIA, employers in Canada must follow these steps.
- Check whether your firm is in the eligibility criteria to apply for LMIA.
- Obey the LMIA requirements for salary and advertising.
- Submit the LMIA form online.
- Give an interview to the ESDC officer.
- Receive a confirmation letter from ESDC if the application is unsuccessful.
The Next Step After LMIA Approvals
Let’s discuss LMIA requirements for employees now. The employee will have to apply for a work visa after the confirmation of LMIA. Obtaining a work permit at the Canadian border is equally mandatory. To get this work permit, the employee will need these.
- A job offer letter
- A fully signed employment contract
- A copy of LMIA
- An LMIA number
Requirement for LMIA Advertising in Canada
For hiring a temporary foreign worker, you need to show the amount of effort you have made to hire a domestic worker. Start advertising the position on Canada’s Job Bank government website at least four weeks prior. You can use other additional recruitment methods too.
You should know that the ESDC will need proof that the underrepresented groups of the Canadian population have been considered for the job.
This online portal is the most reliable source for employers looking to fill in the application. It gives Canadian employers or third-party immigrants access to submit an LMIA.
There are certain things you need to know before submitting the LMIA; go through them.
- Keep the payroll account number linked with the business number handy. The Canada Revenue Agency issues it.
- Create your user account on Job Bank before you sign into the LMIA online portal.
- Make sure the business is registered on the job bank.
Essential Points to Remember for 3rd Party Representative
- If you are applying on behalf of your employer, both of you should have a personal job bank account.
- Check if you are added to the users section of the employer file.
- The person managing the employer file can easily add new users.
Necessities For Document Uploading
- The size limitation for every document is six MB.
- These documents should be in JPG, TXT, RTF, or PDF format.
- No limitation is imposed on the number of documents for uploading on the LMIA online portal.
It’s a wrap!
Only businesses that believe they have no choice but to hire someone from outside the country file an LMIA. Although there are challenges, it is a fairly strict process that ensures businesses prioritize searching within their boundaries to fill positions. It accomplishes this while also giving companies options for hiring foreign workers if they can’t locate qualified candidates locally.
Have a doubt? Connect with us and we’d be happy to assist on on call.
Reference links:
https://en.wikipedia.org/wiki/Labour_Market_Impact_Assessment
