Before recruiting a foreign worker, a company in Canada must obtain a Labour Market Impact Assessment (LMIA). It demonstrates a requirement for a foreign worker to fill the position and that the company was unable to find a Canadian or permanent resident to perform the job’s duties. The Canadian government enacted this law to assure jobs for Canadian citizens and permanent residents first.
On the other hand, these requirements safeguard the rights of a potential foreign worker. It guarantees that a foreign national receives the same payment criteria and benefits as a Canadian citizen. The LMIA is granted by ESDC, which enables a Canadian business to hire a foreign worker after examining several protective labor market conditions.
They evaluate job offers to ensure that hiring a foreign worker will not hurt the Canadian labor market but positively or negatively impact it. After submitting an application for the LMIA, the employer must wait for approval from Employment and Social Development Canada. A valid LMIA also referred to as a “confirmation letter,” confirms the requirement to engage a foreign worker with a visa Canada work permit.
LMIA FOR EMPLOYMENT:
If a company wants to hire a temporary foreign worker in Canada, it must first complete a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO). Employers can hire temporary foreign workers through the Temporary Foreign Worker Program (TFWP) to fill labor and skill shortages. An LMIA is a document that an employer must obtain before hiring any foreign worker, and it serves as government approval for the individuals they recruit. If their application is approved, they will receive a letter from Employment and Social Development Canada stating that they are permitted to engage a temporary worker to fill the gap.
The LMIA program’s goal is to justify hiring foreign workers by establishing that there are no qualified Canadian workers available for the job and a need for the foreign worker to fill the position. Before recruiting a temporary foreign worker, LMIA applicants should be able to demonstrate their efforts in hiring Canadians and permanent citizens. To demonstrate this, the company must adhere to the recruitment requirements, which show that they have made an effort to hire Canadians and permanent residents before hiring a temporary foreign worker. LMIA applicants should also establish that they are actively involved in the business where they will hire a temporary worker.
They must also be able to demonstrate that working conditions comply with provincial labor market requirements and the benefits that hiring a foreign worker would bring to Canada. When an employer receives a positive LMIA, they can provide it to the foreign worker they want to hire and have them submit it with their work permit application.
WORK PERMITS BASED ON THE LMIA:
Overseas employees and employers frequently have to undergo a two-step process to obtain a work visa in Canada. The candidate must first complete an ESDC Labour Market Impact Assessment before applying for a work visa. The LMIA is a document issued by ESDC that allows a Canadian company to hire a foreign worker after assessing a variety of safeguards in the labor market.
According to a June 2014 declaration, work permits for foreign employees who require an LMIA would only be granted for a year in all low-wage occupations. ESDC has committed to a 10-day service standard for some LMIA applications. LMIA applications are processed by ESDC offices, found in every Canadian province. If the LMIA is positive, it means that a foreign worker is needed to fill the position and that no Canadian workers are available.
Employers who want to apply must meet the following LMIA requirements:
English and French must be the only languages specified as work demands in LMIAs and job vacancy advertisements unless the business can verify that another language is necessary. Before applying for an LMIA, employers must advertise all job positions in the Canadian employment market for four weeks. In addition to putting an ad on the Canadian Job Bank website, they must demonstrate that they used at least two different recruitment tactics.
Employers must target under-represented groups of Canadians, like as Aboriginals and those with disabilities, in their advertising efforts. Employers must submit a transition plan to ESDC and their application for LMIA for high-wage positions.
The company’s transition strategy should include information on how it plans to reduce its reliance on temporary foreign labor. Employers can show their commitment to reducing their reliance on temporary foreign workers by investing in skills training or hiring Canadian apprentices.
An LMIA is a type of verification aimed to protect Canada’s local employment market and foreign employees employed in the country for a limited time. An LMIA-exempt visa Canada work permit can only be issued in certain situations.