LMIA Application Canada

LMIA Application Canada 

You should know that if you want to work in Canada, the employer needs to have the approved LMIA application Canada. The Labour Market Impact Assessment (LMIA) is the government approval to hire foreign workers. If the employer cannot hire a local Canadian worker, they need to submit the LMIA application Canada. However, the Canadian employer has to prove that they cannot fill the position by advertising the job within the country and demonstrating that the applicants do not qualify for the position.

To submit the LMIA application in Canada the employer needs to prepare and sign (where it is needed) all the required documents and follow several steps. Then the employer has to send these documents to the Employment and Social Development Canada (ESDC).

1. The employer needs to complete the LMIA application form (EMP5593) in Canada. They need to provide the name of the foreign national they want to hire in the application.
2. If needed, the employer has to complete Schedule D – Skilled trades job offer – Employer #2 (EMP5595). You can learn more about Schedule D online.
3. The employer needs to provide the job offer signed by the foreign worker and the employer.
4. The employer has to provide proof of business legitimacy.
5. The employer has to provide proof of advertisement. It can be a copy of the advertisement and information about where, when, and for how long the position was advertised in Canada.

When an employer submits the LMIA application Canada, they receive a document of approval from Employment and Social Development Canada. This document is called a positive LMIA or a letter of confirmation which states that there is a true need to hire a foreign worker. You should know that Employment and Social Development Canada is the department of the Canadian Government. It aims to increase the quality of life and the standard of living for all Canadians. Consequently, they promote an efficient labor market and a highly skilled workforce. Also, they are responsible for processing the LMIA applications in Canada.

When the employer receives the positive LMIA, they need to send a copy of the letter to the foreign worker. Then the potential employee can apply for a work permit, adding a contract, a job offer letter, a copy of the LMIA, and the LMIA number to the application. The processing time for the work permit can depend on the type of application and place of living. You learn more about the work permit application process on the official web page of the Government of Canada.

You have to know that there are some recent changes to the LMIA application in Canada. Now job positions are divided into two groups: low-wage and high-wage. Jobs are considered low-wage if the salary is below the average in the province where the job will be performed, and high-wage if the salary equal to or above the prevailing wage in the province. But before explaining these two concepts, you have to know what the prevailing wage is. Canadian employers have to pay the temporary foreign worker the prevailing wage for the occupation and work location. According to the Temporary Foreign Worker Program (TFWP), the prevailing wage rate is determined as the median wage per hour (or annual salary as published on Job Bank) or higher for the job and its location. Canadian employers must include the wage being paid for the position in the job advertisement. Please visit the official website of Job Bank to determine the prevailing wage for the offered position.

When Canadian employers hire high-wage workers, they need to prepare a transition plan and add it to the LMIA application Canada. It is one of the most crucial requirements for each Canadian employer who wants to hire a temporary foreign worker and pay them a wage that meets or exceeds the prevailing wage in the province or territory. The transition plan should demonstrate that an employer has agreed to undertake specific requirements and prepare Canadians and permanent residents to reduce the reliance on temporary foreign workers.

When Canadian employers hire low-wage workers, they do not need to include a transition plan to the LMIA application Canada. Nevertheless, it is important to know that low-wage workers are subject to a cap that limits the number of workers an employee can hire. Moreover, Canadian employers who hire more than ten employees are restricted to a maximum 10% cap on low-wage temporary foreign workers. This cap is phased in two years that give Canadian employers time to hire local Canadian workers. There are several cases when the Canadian employer does not need to submit the LMIA application Canada. To check this possibility, the employer has to review the LMIA exemption codes and work permit exemptions. Then they have to select the most relevant option to the offered position and read the detailed description. If an exemption code relates to the position, the employer has to include it in the job offer. However, these steps can be done when the temporary foreign worker is currently outside Canada and lives in the visa-exempt country. Moreover, the Canadian employer does not need to submit the LMIA application Canada if the potential employee meets several requirements.

 

1. The foreign worker has been working full-time for the employer on the work permit for at least one year. If the potential employee has an equal amount of part-time work, they meet this requirement.
2. The foreign worker has a valid job offer that is exempt from an LMIA Application in Canad under a federal-provincial agreement, an international agreement, or the “Canadian interests” category. 

Remember, if you have a skilled trade job, two employers can make you a job offer, but you must also work for both of them. 

There is also one more option to hire temporary foreign workers without the LMIA Application in Canada. The Canadian employer can use the International Mobility Program (IMP). If the Canadian employer hires an employee through this program, they have to submit an offer of employment form through the Employer Portal and pay an employer compliance fee. It is vital to highlight, that you can apply for a work permit after the employer submitted an offer of employment. If you want to learn more about the International Mobility Program online.

However, it is important to mention that if the employer conducts business in the province of Quebec, the temporary foreign worker has to obtain a Quebec Acceptance Certificate (CAQ) from the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) before a work permit is approved. However, the employee does not need a CAQ from the MIFI if the employer from Quebec hires a temporary foreign worker through the IMP.

It can be also useful to know that the fee for LMIA application Canada is 1,000 CAD per worker. Nevertheless, families or individuals who wish to hire a caregiver from a foreign country to provide home care for people who require assistance with medical needs are exempt from paying the LMIA application processing fee. Additionally, families or people, who want to hire a foreign caregiver to provide childcare to a child under 13 years of age, but who have less than 150,000 CAD of a gross annual income, are exempt from paying the processing fee too.

Due to the COVID-19 restrictions, the processing time of the LMIA application Canada can take longer than 30 business days. However, there are two ways to reduce delays in processing the application. The Canadian employer has to check whether the LMIA application Canada is complete before submitting it to ESDC. Moreover, the employer has to provide additional information or documentation as soon as possible. These two easy steps can help the Canadian employer to get the positive LMIA faster.

 

If your employer needs help with LMIA Application in Canada and further work permit application, please contact us directly or fill in application below.