Apply for LMIA Canada

Apply for LMIA Canada

The Government of Canada encourages employers to hire foreign workers and develop the country’s economy. At the same time, it regulates this process to prioritize the employment of Canadian citizens. Hence, employers must apply for LMIA Canada. LMIA (Labour Market Impact Assessment) is a confirmation letter that allows Canadian employers to hire foreign workers when they cannot find local professionals.

Who Does Need to Apply for LMIA Canada?

Most employers should get an LMIA to hire temporary foreign workers. Nevertheless, two steps help determine whether the employers must apply for LMIA Canada.

1. Employers need to review the LMIA exemption codes and work permit exemptions. Then, they should select the LMIA exemption or work permit code that seems most relevant to their hiring situation and read the detailed description. In case the exemption code applies to the offered job position, the employers ought to include it in the offer of employment. Thus, they do not have to apply for LMIA Canada.
2. Employers should contact the International Mobility Workers Unit (IMWU) if the prospective temporary foreign workers currently live in countries whose citizens are visa-exempt. Then, IMWU decides whether employers need to apply for LMIA Canada and whether the temporary foreign workers are exempt from the work permit requirements.

How to Apply for LMIA Canada?

The LMIA application process depends on the type of program the employers want to use to hire foreigners. Under the Temporary Foreign Worker Program (TFWP), foreign workers can perform low-wage and high-wage jobs. If the salary is below the average in the province of employment, it is a low-wage position. If the salary is equal to or above the prevailing wage in the province, it is a high-wage occupation. According to the TFWP, the prevailing wage rate is the median wage per hour (or annual salary on the Job Bank website) or higher for the position and its location.

Employers who want to apply for LMIA Canada and hire foreign workers for high-wage positions may request an employment duration of up to three years. Employers must submit the LMIA application at least six months before the expected job start date.

To apply for LMIA Canada online, employers need to have a valid Job Bank user account for authentication purposes. If they do not have an account, they should click the “Don’t have an account? Sign up now” button and follow the instructions. Then, they ought to fill out the Labour Market Impact Assessment application form for high-wage positions (EMP5626), provide proof of business legitimacy, submit proof of recruitment, pay the processing fee of $1,000, and prepare all supporting documents. Employers who are ready to apply for LMIA Canada need to send the complete application package to the appropriate Service Canada Processing Centre.

Employers who want to apply for LMIA Canada and hire foreign workers for low-wage positions must follow several steps.

1. They ought to be authorized on the LMIA online platform.
2. Employers should complete an application for the Labour Market Impact Assessment application form for low-wage positions (EMP5627).
3. They need to demonstrate the proof of business legitimacy.
4. Employers should prepare the proof of recruitment.
5. They must complete the Employment Contract.
6. If employers want to apply for LMIA Canada under the two-year pilot for meat processors, they ought to complete Schedule L: Two-year Employment Duration for Meat Processors Pilot. If required, they need to submit a letter of union support.
7. Employers should pay the processing fee of 1,000 CAD.
8. The complete application needs to be sent to the Service Canada Processing Centre.

If the employers want to hire a foreign worker under the Seasonal Agricultural Worker Program, they must meet three requirements.

1. Potential temporary foreign workers ought to be citizens of Mexico or participating Caribbean countries (Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago).
2. The employers’ specialization should be in specific commodity sectors (e.g., tobacco, bovine, seed corn, etc.).
3. The business activity of employers must be on-farm primary agriculture.

To apply for LMIA Canada under the Seasonal Agriculture Worker Program, employers must follow several steps.

1. They ought to be authorized on the LMIA online platform.
2. Employers must agree to the Requirements of the SAWP.
3. They need to comply with the Wages and working conditions required in the province or territory of employment and for the appropriate commodity.
4. Employers should undertake all Recruitment and advertisement efforts and submit the proof of advertisement. It can be a copy of the ad and information about where, when and for how long the job position was published.
5. They need to provide proof of business legitimacy.
6. Employers ought to complete an LMIA application form (EMP5389).
7. They should provide a copy of the signed off-site housing contract if required.
8. Employers must submit the housing inspection report.
9. The complete application should be sent to the Service Canada Processing Centre.

To qualify for the Agricultural Stream, Canadian employers must specialize in specific commodity sectors, and their activity should be related to on-farm primary agriculture. Employers must follow several steps to apply for LMIA Canada under the Agricultural Stream.

1. They ought to be authorized on the LMIA online platform.
2. Employers need to agree to the requirements outlined for the stream.
3. They should fulfill the wages and working conditions required in the province or territory of employment.
4. Employers must undertake recruitment and advertisement efforts and provide proof of advertisement.
5. They ought to fill out and sign the LMIA Application form (EMP5519).
6. Employers need to provide the Employment contract (EMP5510).
7. They should submit proof of business legitimacy.
8. Employers must make a copy of the signed off-site housing contract if required.
9. They need to provide the housing inspection report.
10. The complete application ought to be sent to the Service Canada Processing Centre by mail or fax.

Employers who want to hire foreigners and support their permanent residency under the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), or Canadian Experience Class (CEC) must apply for LMIA Canada.

1. They ought to be authorized on the LMIA online platform.
2. Employers must fill out the LMIA application form (EMP5593) and provide the name of the foreign nationals they want to hire.
3. If required, employers should submit Schedule D – Skilled trades job offer – Employer #2 (EMP5595).
4. They must provide the job offer signed by the employer and foreign worker.
5. Employers need to submit proof of business legitimacy.
6. They ought to show proof of advertisement.
7. Employers must submit the application package to the Service Canada Processing Centre. Those who apply for LMIA Canada to support a foreigner’s application for a permanent resident visa do not need to pay the processing fee.

When the employers apply for LMIA Canada, they need to wait for a decision from 10 to 40 business days. Nevertheless, there are two steps to reduce delays in application processing. The Canadian employer must check whether the LMIA application is complete before submitting it to the Service Canada Processing Centre. Employers should also provide additional information or documentation as soon as possible.

What to Do After the Approval of the LMIA Application?

When employers successfully apply for LMIA Canada, they receive a letter of confirmation from the Service Canada Processing Centre. Then, they need to send a copy of the LMIA to the prospective foreign worker. In turn, foreigners must apply for a work permit, providing a letter of a job offer, an employment contract, a copy of the LMIA, and the LMIA number. The processing time of the work permit application depends on its type and the applicant’s place of residence.

 

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