Labour Market Impact Assessment Work Permit Process in Canada
Employers can hire temporary workers through the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).
The TFWP employers hire temporary workers to fill temporary labor and skill shortages. Employers need a document from Employment and Social Development Canada (ESDC)/Service Canada stating that they can hire a temporary worker. This is known as a Labour Market Impact Assessment (LMIA). An LMIA verifies that there is a need for a temporary worker and that no Canadians are available to do the job.
If Employers hire a temporary worker through the TFWP, they will need to apply for an LMIA and pay the related fee.
The International Mobility Program (IMP) lets employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on:
- broader economic, cultural or other competitive advantages for Canada;
- reciprocal benefits enjoyed by Canadians and permanent residents.
There are two ways to find out if the Employer requires an LMIA
Review the list of LMIA exemption codes;
Contact the International Mobility Workers Unit
Review the LMIA exemption codes
1. Visit the Labour Market Impact Assessment exemption codes table, and review the list of regulations.
2. Select the LMIA exemption code that seems most relevant to the hiring situation, and read the detailed description provided.
3. Take note of the exemption code that applies. This code will need to be included in the offer of employment.
Also, the employer can contact the International Mobility Workers Unit.
The International Mobility Workers Unit (IMWU) helps employers determine if the temporary worker they want to hire is exempt from the LMIA process or exempt from a work permit.
If an LMIA or work permit exemption applies to your situation, you can request an opinion from the IMWU if the temporary worker is
from a visa-exempt country; and currently outside of Canada.
If the temporary worker is not from a visa-exempt country or is already in Canada, the processing officer reviewing their work permit application, at the port of entry or in a case processing center, will determine if an LMIA exemption applies to their situation.
The border services officer at the point of entry will consider the opinion given by the unit when the temporary worker applies for their work permit. The opinion does not guarantee entry into Canada.
Requirement for LMIA
- The position that is being offered to the foreign worker was firstly made available to the Canadian worker, as it had been advertised for at least one month in three various sources; one of those sources could be online, another one could possibly be in an ad in a newspaper;
- Another thing that needs to be outlined and demonstrated in the LMIA is that there is, in fact, a need for this foreign national to fill this position. Also, you would need to go and demonstrate that by hiring this foreign national, it is not going to have a negative impact on Canada’s labor market;
- The next step would be the job offer from the employer and this would basically state that the position being offered is for full-time, permanent, paid work. And once you go and you get your positive LMIA, you are then able to go and apply for the work permit, through the Express Entry Program.
How to proceed if you require assistance?
1. Email us (email@example.com) Your issue and any documentation that you consider relevant
2. We review your documents and appoint a consultant/lawyer to contact you with the brief assessment
3. You decide whether to proceed.
All our cases are handled by experienced lawyers and RCIC immigration specialists.
Source & Copyright: The source of the above visa and immigration information and the copyright owner is the: Citizenship and Immigration Canada and Immigration Quebec
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