Labour Market Impact Assessment (LMIA)
Getting Labour Market Impact Assessment is an important step in getting a temporary work permit in Canada. It has to be properly filed with Employment and Social Development Canada (ESDC)/Service Canada stating that a business can hire the temporary worker.
This process is known as a Labour Market Impact Assessment (LMIA). A LMIA verifies that there is a need for a temporary worker and that no Canadian applicants are available to do the job, giving the Canadian citizens a priority in labour market over foreign nationals. If you hire a temporary worker through the TFWP, you will need to apply for a LMIA and pay the required fee.
Although the rules and guidelines are available on government sites the labour situation in Canada changes quarterly, and the final decision to issue a work permit rests with Immigration, Refugees and Citizenship Canada. Not all occupations on a positive LMIA list result in a work permit. There are nuances in filling out documentation and access to the most current information is the key to success:
- What businesses are eligible to apply for LMIA and hire foreign workers?
- The current list of professions eligible for LMIA
- Exemptions to the LMIA process
- Is IMP allowing from exemption from LMIA is applicable
- What are preconditions for a business to apply to LMIA
The IRCC publishes annual statistics on the number of foreign workers who enter Canada in its Facts and Figures publication. These statistics are based on the number of work permits issued at ports of entry and encompass a variety of program streams beyond the Temporary Foreign Worker Program (TFWP), such as temporary residents entering Canada to work, study or for humanitarian and compassionate reasons.
Application for LMIA and finalizing all the steps is a lengthy process and failure to comply with the formal requirements, as well as not knowing which requirements are absolutely essential will, in most cases, result in denial ending up being a costly process for both employer and potential employee. Once the company has received the negative Labour Market Impact Assessment it will also diminish the chances of success should you want to re-apply in the future.
The process of Labour Market Impact Assessment by Employment and Social Development Canada (ESDC) might take from a couple of weeks to a couple of months, however, there are certain categories that fall into an express process:
- highest-demand occupations as specified by the region such as (skilled trades)
- Highest-paid (top 10%) occupations
- Short-duration work periods (120 days or less).
An important part of a company’s application for the Labour Market Impact Assessment is to provide the corresponding paperwork proving that the company has been unable to find an employee with suitable skills locally. In addition, it has to provide the details on the placement of jobs advertising, the number of Canadian citizens that have responded, have been interviewed and the reasons why they have not been hired.
ESDC is considering the following when assessing the eligibility of the applicant:
- Did company meet the standards while advertising the position (in terms of duration and circulation)?
- Will hiring a foreign worker help to create jobs in Canada?
- Are the salary requirements met for the advertised position?
- Are the working conditions acceptable?
- Did the company demonstrate sufficient effort to fill the position within the Canadian job force?
- Is the industry in the region doing well enough to sustain foreign labour?
It is also important to understand for this process that LMIA is specific to a company that has applied for it and to the job position, and if the work permit for a foreign worker has been issued based on it, the worker can not work in any other capacity, change the occupation, or relocate in the process.
There are exemptions for certain job positions, for which LMIA is not required:
- Jobs included in an international trade accord, such as NAFTA (North American Free Trade Agreement)
- Jobs included in an agreement between the federal and provincial government
- Jobs in the best interest of Canada
However, it is important to understand that all the above-mentioned categories do require a work permit in order to be able to work in Canada
There is a limited list (around 500 for entire Canada) of LMIA exempt employers who do not require to obtain LMIA and the job offer from which will guarantee a much shorter work permit application process.
Choosing the right strategy for the process based on the extensive experience – this is what distinguishes Green Light Canada Global Mobility Solutions Ltd. and guarantees high success rates in obtaining an LMIA.
While accessing the company for an LMIA we are taking into consideration the latest changes to the process to minimize the chances of getting a negative result.