What are the requirements for Canada LMIA Work Permit: LMIA is a document required by skilled migrant workers while applying for Canadian permanent residency. It’s a document which is provided by the employer to the applicant for their immigration. Labour Market Impact Assessment (LMIA) assesses the impact of recruiting a skilled foreign national in Canada.
So Labour Market Impact Assessment (LMIA) is used to find what will be the impact of skilled immigrant workers on the Canadian economy. It’s a document issued by Employment and Social Development Canada (ESDC).
The positive LMIA means that Canadian citizens or permanent residents are unable to fill the desired position, so the employer needs to hire skilled foreign workers for the position. While a Negative LMIA means that there are suitable candidates for the position who are Canadian citizens or permanent residents.
The applicant is not allowed to apply for the LMIA directly. It is given to the applicant by the employer. So the employer needs to apply for the LMIA. the employer should be Canadian.
LMIA is required by all skilled foreign workers under the Temporary Foreign Worker Program (TFWP). However, there are few visa categories that are LMIA exempt, and there are foreign workers who don’t need LMIA or even work permits. Here some tips that you need to take care of while finding job in Canada.
In TFWP the employer must obtain the LMIA in case of hiring workers from outside of Canada. The applicant must have a positive LMIA for gaining points in his application.
Labour Market Impact Assessment (LMIA) Application: The LMIA application is submitted by the employer. The employer needs to submit the LMIA application 6 months before the position’s start date.
The time for the LMIA application processing varies according to the wages given to the person being hired. The high-wage or low-wage position should be determined by the employer according to the median hourly wages of the province or territory. The low-wage position also needs to meet the additional criteria by the employer.
The specialized streams for employers to obtain LMIA for certain areas are:
- Hiring In-Home Caregivers
- Hiring Agricultural Workers
- Hiring Foreign Academics
- Hiring within the province of Quebec
Labour Market Impact Assessment (LMIA) requirements: Labour Market Impact Assessment (LMIA) is submitted in the form of hard copy. Before applying LMIA, it is very important to know What are the requirements for Canada LMIA Work Permit. The application can be submitted through the mail. The application must have the following:
- Processing fees: The application fees must be paid. The LMIA application processing fee is $1000 CAD which is non-refundable even in the case of negative LMIA. The LMIA application processing fees are exempted for certain applicants of in-home caregivers.
- Business legitimacy Documents: The employer also needs to add documents about the legitimacy of the business in the LMIA application. The employer needs to prove its legitimate status as a Canadian business.
- Adaptation plan: It’s expected that the businesses should hire Canadian citizens or permanent residents as workers rather than temporary foreign workers for the various job openings in their businesses. So the employers are required to submit a transition or adaptability plan about the employer’s idea of addressing the need of hiring foreign workers.
- Recruitment efforts: Canadian employers are required to submit the proof of the efforts made by the employer in hiring a Canadian citizen or permanent resident for the job position they wanted to hire a TFW.
- Wages for the position: LMIA applications must have the information about the minimum wages offered to TFWs. The wages must be the same as those offered to Canadians for a similar post.
- Safety in the workplace: The employers must ensure that the work conditions and environment for TFWs will be the same as Canadians along with the benefits of health and insurance which should be equivalent to the one offered by the province or territory in which they are located.
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Applications for Low-Wage workers: The low Wage worker applications should also contain:
- Transportation of low wages TFW employees from and to Canada by the employer.
- Adequate housing for low-wage TFW employees during the time of employment on employer’s expenses.
After LMIA approval: After the processing of the employer’s LMIA application, the LMIA is issued. It can be a positive or negative LMIA. In a positive LMIA, the employer is eligible to hire a TFW to fill the required position with minimum wages.
While the case of negative LMIA, the employer can only hire Canadians for the position and is not allowed to employ TFWs.
The validity for a positive LMIA is 6 months. The candidates should be immediately notified so that they can apply for their immigration application. In some cases, the LMIAs can be processed in 10 days. For this one of the following requirements should be fulfilled along with the location of the employer outside of Quebec:
- The paid wages should be equal to the median provincial/territorial wage for the position for skilled trades.
- The position’s employment term should be short. It should be equal to 120 days or less.
- The LMIA should assist an Express Entry candidate.
- Highest wage positions should be earned by Canadians.
- A document issued by ESDC.
- It determines the impact of hiring foreign workers on Canada.
- LMIA can be positive or negative.
- With positive LMIA you can hire TFWs.
- With negative LMIA you can not hire TFWs.
- LMIA can only be applied by the employer.
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