Get LMIA for a Canadian Company

Get LMIA for a Canadian Company

Today, over 470,000 foreigners work in Canada under a work permit. It is a document that allows them to work in the country for a specific employer. To get a work permit, foreign workers need to have a job offer from a Canadian employer and meet the eligibility requirements of the work program. In addition, potential foreign workers ought to obtain an LMIA (Labour Market Impact Assessment) from the potential employer.

When Is It Necessary to Get LMIA for a Canadian Company?

An LMIA is a document that confirms the need for a foreign worker to fill a job position in Canada, and that there are no available Canadian citizens or permanent residents who can perform the job. As a rule, Canadian employers cannot hire foreign workers without the LMIA. But before discussing how to get LMIA for a Canadian company, it is important to define LMIA exemptions. Two approaches can help determine whether potential employers must get LMIA for Canadian companies.

The first option is to review the LMIA exemption codes and work permit exemptions. Employers ought to carefully read the detailed description of each option. If they identify the suitable LMIA exemption or work permit code for their hiring situation, they must include it in the offer of employment. If employers do not have the relevant exemption code, they ought to get LMIA for a Canadian company.

The second option is to contact the International Mobility Workers Unit (IMWU) if prospective temporary foreign workers reside in countries whose citizens are visa exempt. Then, the IMWU will assess whether employers ought to get LMIA for a Canadian company and whether the temporary foreign workers are exempt from work permit requirements.

It is also important to mention the International Mobility Program (IMP), which exempts employers from the requirement to get LMIA for a Canadian company. However, only specific categories of foreign workers who qualify for the open work permit can be employed under the IMP.

What Are the Work Program Requirements to Get LMIA for a Canadian Company?

The process of how employers can get LMIA for a Canadian company depends on the program employers wish to use for hiring foreign workers. Among the most popular streams is the Temporary Foreign Worker Program (TFWP). It allows foreign workers to perform jobs that are either low-wage or high-wage.

A position is classified as low-wage if the salary is below the average in the province of employment, while a high-wage job has a salary equal to or above the prevailing wage in the province. As per the TFWP, the prevailing wage rate refers to the median wage per hour (or annual salary on the Job Bank website) or higher for a given position and location.

Employers who want to get LMIA for a Canadian company and hire foreign workers for high-wage positions can request an employment duration of up to three years. Employers who wish to get LMIA for a Canadian company and hire foreign workers for low-wage positions can receive an employment duration of up to two years.

The next popular stream is the Seasonal Agricultural Worker Program, which allows hiring foreigners for up to eight months. If employers want to get LMIA for a Canadian company under this program, they ought to fulfill three requirements.

1. Potential foreign workers must be residents of Mexico or participating Caribbean countries. The participating countries are Antigua and Barbuda, Anguilla, Barbados, Grenada, Dominica, Montserrat, Jamaica, St. Lucia, St. Vincent and the Grenadines, Trinidad, St. Kitts-Nevis, and Tobago.
2. The production of employers ought to be in specific commodity sectors, such as maple syrup or poultry.
3. The business activity of employers should be focused on primary farm agriculture.

One more work program is the Agricultural Stream, which allows hiring foreigners for up to two years. Canadian employers who want to get LMIA for a Canadian company under this program must meet two requirements.

1. Their production needs to be in specific commodity sectors, like oil seeds or apiary products.
2. The business activity of Canadian companies ought to specialize in primary farm agriculture.

There are also situations when employers want to get LMIA for a Canadian company to hire foreigners and support their permanent residency. They can do it under the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC).

Employers who apply to get LMIA for a Canadian company under the FSWP ought to offer a non-seasonal full-time position in TEER (Training, Education, Experience and Responsibilities) 0, 1, 2, or 3 of the NOC for at least one year. It can be management, professional, scientific, technical or trade occupations.

Employers who want to get LMIA for a Canadian company under the FSTP need to offer a full-time job in an eligible skilled trade or technical occupation in TEER 2 or 3 for at least a year.

Employers who wish to get LMIA for a Canadian company under the CEC must offer a non-seasonal full-time position in a NOC TEER 0, 1, 2 or 3 for at least one year.

How to Get LMIA for a Canadian Company?

Employers who want to get LMIA for a Canadian company ought to apply at least six months before the expected job start date of the foreign worker. To get LMIA for a Canadian company under the TFWP, employers must follow five steps.

1. They ought to have a valid Job Bank account for authentication. If employers do not have an account, they should register and wait for up to five business days to enable the Job Bank to process a new employer’s file.
2. Employers need to access the LMIA Online Portal using their Job Bank credentials.
3. They should complete the Labour Market Impact Assessment application and upload all required documents supporting their business legitimacy. For employers to get the LMIA, they should demonstrate the most recent of all: business license, Canada Revenue Agency tax documents, or other recruitment documents.
4. Employers ought to pay the processing fee of $1,000 for each position requested to cover the cost of processing the LMIA application. However, employers are exempt from paying processing fees if the offered occupations are related to primary industries and positions under the NOC codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103.
5. They must submit the application form to get LMIA for Canadian companies along with the required documents via the LMIA Online Portal.

If employers cannot apply through the LMIA Online Portal, they must apply to get LMIA for Canadian companies to the Service Canada Processing Centre in the region where the temporary foreign workers will be employed.

What Is the Processing Time for Application to Get LMIA for a Canadian Company?

The application to get LMIA for a Canadian company undergoes a systematic assessment process to ensure four main things.

1. The employer is eligible to participate in the work programs, as listed on the Immigration, Refugees and Citizenship Canada (IRCC) website, and they are using an authorized third-party representative, if applicable.
2. The job offer is consistent with federal-provincial-territorial agreements.
3. The job offer is genuine, based on whether the employer is actively engaged in the business related to the job offer, the job offered is consistent with the employer’s employment needs, and the employer can fulfill the terms and conditions of the job offer.
4. The impact of hiring a temporary foreign worker on the labour market is assessed, including the wages and working conditions offered, the occupation in which the foreigner will be employed, the employer’s recruitment and advertising efforts, the benefits to the labour market, consultations with the appropriate union, and the effect on the settlement of a labour dispute.

When employers apply to get LMIA for a Canadian company, they must wait for a decision of at least ten business days. To reduce delays in LMIA application processing, Canadian employers can take two important steps. First, employers should check that the application to get LMIA for a Canadian company is complete before submitting it to the Service Canada Processing Centre. Second, employers must provide any additional information or documentation required as soon as possible.

Employers who are approved to get LMIA for a Canadian company will obtain the necessary documents from Employment and Social Development Canada (ESDC). Then, employers must send a copy of the LMIA to the prospective foreign worker, who must apply for a work permit.

 

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