A Labour Market Impact Assessment (LMIA) is a certificate which the employer may need to provide if he/she wants to recruit a worker from outside Canada.

If there is not available Canadian worker or permanent resident to get the job also there is a job vacancy, a foreign worker can obtain it. Sometimes a positive LMIA is named confirmation letter.

 Apply for an LMIA

An employer has to provide LMIA from Employment and Social Development Canada (ESDC). The process of LMIA application depends on which type of program the employer wants to apply for.

How to Recruitment a Foreign Worker?

The employer can recruit a temporary foreign worker from the Temporary Foreign Worker Program (TFWP). Before the employer decides to recruit a temporary foreign worker he/she has to check if he/she needs an LMIA. If it was needed, the employer must recruit a temporary foreign worker via the Temporary Foreign Worker Program (TFWP). At the time the LMIA is issued, the employer has to send a confirmation letter copy to all applicants and inform them to apply for the job vacancy.

High Wage Temporary Foreign Worker

The workers whose salaries are above the median wages in that specific job are called high wage temporary workers. Employers can check hourly wages for different provinces and territories as a reference then recruit the high wage temporary foreign workers. Before that, the employer has to show that he/she could not find a Canadian citizen or permanent resident.

How to Recruit a High Wage Temporary Foreign Worker?

When the country faces a lack of labour and short-term skills and there are not any available Canadians and permanent residents, the employer can recruit a worker from the Temporary Foreign Worker Program (TFWP). An employer may require a Labour Market Impact Assessment (LMIA) to find out if the hiring of foreign workers will have a negative or positive effect on the Canadian labour market.

 The employer has to adapt the program requirement which may change for different positions. Employers who do not accept to comply with the requirements have to encounter the non-compliance after effect.

To apply for Stream high wage position, the employer has to find out if:

  1. He/she need a Labour Market Impact Assessment;
  2. Check if the Labour Market Impact Assessment will refuse to process;
  3. He/she be sure about Program requirements for high wage positions;
  4. He/she be sure if he/she wants to apply for high wage positions. If the employer decides to change the stream, he/she has to cancel the original application and apply again for the new stream. The processing fee will not be refunded and will not be transferred to the new application.

Low wage Temporary Foreign Workers

The workers whose salaries are less than the median hourly wages in that specific job are called low wage temporary workers. Employers can check hourly wages for different provinces and territories as a reference then recruit the low wage temporary foreign workers. Before that, the employer has to show that he/she could not find a Canadian citizen or permanent resident.

How to Recruit a Low wage Temporary Foreign Worker?

To apply for Stream low-wage position, the employer has to find out if:

  1. He/she need a Labour Market Impact Assessment;
  2. Check if the Labour Market Impact Assessment will be refused to process;
  3. He/she be sure about Program requirements for low wage positions;
  4. He/she be sure if he/she wants to apply for low-wage positions. If the employer decides to change the stream, he/she has to cancel the original application and apply again for the new stream. The processing fee will not be refunded and will not be transferred to the new application.

 

How to Recruit a Foreign Worker without LMIA?

If an employer wants to recruit a foreign worker without needing an LMIA, he/she has to check the International Mobility Program (IMP).

An employer who recruits a foreign worker via IMP has to pay an employer compliance fee and submit the offer of employment form via the Employer Portal. This action should be done before that chosen temporary foreign worker applies for a work permit.

LMIA-exempt Jobs for Skilled Immigrants

For express entry, the employer needs a Labour Market Impact Assessment. It is no need for LMIA in some jobs.

The employer does not need an LMIA to support the foreign worker job offer in the following cases.

  1. The foreign worker is working full time with a valid work permit for at least one year;
  2. The foreign worker has a valid job offer;
  3. The foreign worker has a valid work permit which is exempt from an LMIA in the following cases:
  4. Canadian Interest category
  5. A federal-provincial agreement
  6. An international agreement

 

Jobs which are exempt from an LMIA

The foreign worker is exempt for an LMIA for Express Entry if his/ her current temporary job is exempt from LMIA, specify a specific employer or employers, and also:

  1. Is for an international agreement;
  2. Is for an agreement which is between Canada and a territory or province;
  3. Exempt for reasons of Canadian interest:
  4. Significant benefits;

The employer has to prove that the foreign worker will bring something essential cultural, social, or economic achievement to Canada.

  1. Reciprocal employment;

Allows the foreign worker to get the job in Canada and the same opportunity will be available in other countries for Canadians.

  1. Designated by the Minister;
  2. Religious and charity work.

The foreign worker needs a work permit for LMIA-exempt jobs.

The Immigration, Refugee and Citizenship Canada may change programs’ requirements and details at any time. Please contact VisaLine for the most recent updates.

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