Employers in Canada seeking to hire foreign nationals must navigate the Labour Market Impact Assessment (LMIA) process. This crucial step involves assessing the impact of hiring a foreign worker on the Canadian labor market. In this article, we delve into the details of LMIA work permits, the application process, requirements, and various streams available for employers.
Understanding LMIA Work Permits:
A positive LMIA signifies that there’s no available Canadian citizen or permanent resident to fill a particular position, allowing employers to hire a foreign national. Conversely, a negative LMIA indicates that the job should be filled by a Canadian citizen or permanent resident. While some foreign workers may be exempt from LMIA requirements, Canada’s Temporary Foreign Worker Program (TFWP) typically mandates an LMIA for hiring outside the country.
LMIA Application Process:
- Timeline: Employers can submit an LMIA application up to 6 months before the intended start date. The application timeline varies based on the wage of the prospective employee.
- Wage Classification: Employers must determine whether the position is considered high-wage or low-wage based on provincial or territorial median hourly wages. Low-wage positions come with additional criteria.
- Specialized Streams: Specific streams cater to unique employment areas, such as hiring in-home caregivers, agricultural workers, foreign academics, or within the province of Quebec.
LMIA Application Requirements:
Employers must submit a comprehensive application, including the following elements:
- Processing Fee: A non-refundable $1000 CAD processing fee accompanies all LMIA applications, except for certain in-home caregiver applicants.
- Business Legitimacy Documents: Proof of the employer’s legitimate status as a Canadian business.
- Transition Plan: Employers must outline a plan detailing how they intend to transition to hiring Canadian citizens or permanent residents in the future.
- Recruitment Efforts: Evidence of substantial efforts to recruit Canadians for the position before considering a foreign worker.
- Wages: Information about the wages offered to the foreign worker, differentiating between high-wage and low-wage positions.
- Workplace Safety: Assurance of workplace health and safety standards equivalent to those provided to Canadian workers.
Additional Requirements for Low-Wage Workers:
- Cap on TFWs: Employers must adhere to a cap on the number of temporary foreign workers (TFWs) based on previous hires.
- Transportation: Employers must provide adequate transportation for low-wage workers at their expense.
- Housing: Provision of suitable housing for the duration of the worker’s employment in Canada.
Post-Approval Procedures:
Once an LMIA application is approved, employers receive a positive LMIA, valid for 6 months. The employer must notify the foreign national to proceed with the work permit or permanent residence application. Expedited processing options are available under certain conditions, such as high-wage positions, skilled trades, short-term positions, or those supporting an Express Entry candidate.