LMIA
LMIA stands for Labour Market Impact Assessment. It is a document issued by Employment and Social Development Canada (ESDC) that employers in Canada may need to obtain before hiring a foreign worker. Here’s an overview:
Purpose:
The purpose of an LMIA is to assess the impact that hiring a foreign worker may have on the Canadian labour market. It helps ensure that the employment of a foreign worker will not have a negative impact on Canadian workers or the economy.
When is an LMIA Required?
In most cases, employers in Canada must obtain an LMIA before hiring a foreign worker for a temporary job. However, there are some exemptions, such as:
- 1. International Agreements
Foreign workers covered under international agreements, such as NAFTA or the Canada-Chile Free Trade Agreement, may be exempt from the LMIA requirement.
- 2. Reciprocal Employment
Some foreign workers may be exempt if their country has a reciprocal employment arrangement with Canada.
- 3. Intra-Company Transferees
Foreign workers being transferred to a Canadian branch, subsidiary, or affiliate of their current employer may be exempt.
- 4. Spousal Open Work Permits
Spouses of certain skilled workers or international students may be eligible for an open work permit without the need for an LMIA.
Application Process:
- 1. Employer Application
The employer submits an application for an LMIA to ESDC. The application includes details about the job offer, such as the duties, wages, and benefits offered to the foreign worker.
- 2. Labour Market Impact Assessment
ESDC assesses the application to determine whether hiring a foreign worker for the position will have a neutral or positive impact on the Canadian labour market. They consider factors such as the availability of Canadian workers, wages offered, and efforts made by the employer to recruit Canadians for the job.
- 3. Decision
Based on the assessment, ESDC will issue either a positive or negative LMIA to the employer. A positive LMIA indicates that hiring a foreign worker is justified, while a negative LMIA means that the employer must not proceed with hiring a foreign worker for the position.
Impact on Work Permit Application
Once an employer obtains a positive LMIA, the foreign worker can use it to apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC). A positive LMIA is a key requirement for many work permit applications, especially those under the Temporary Foreign Worker Program.
It’s important for both employers and foreign workers to understand the LMIA process and requirements to ensure compliance with Canadian immigration regulations.
Land 2 Sky Immigration will make this easier for you in all the ways.
How It Works
Land 2 Sky Immigration offers comprehensive assistance to both Canadian employers seeking to hire foreign workers and foreign workers looking to secure employment in Canada through the Labour Market Impact Assessment (LMIA) process. Our services include:
International Mobility Program (IMP)
The International Mobility Program (IMP) is a component of Canada’s immigration system that facilitates the entry of foreign workers into Canada without the need for a Labour Market Impact Assessment (LMIA). Unlike the Temporary Foreign Worker Program (TFWP), which requires an LMIA to demonstrate that hiring a foreign worker will not have a negative impact on the Canadian labor market, the IMP encompasses various streams that allow employers to hire foreign workers based on other factors.
Key Features
- 1. Exemptions from LMIA
The IMP includes several streams and categories that exempt employers from the requirement to obtain an LMIA. These exemptions are based on factors such as international agreements, reciprocal employment relationships, and specific job categories.
- 2. International Agreements
Canada has international agreements, such as free trade agreements (e.g., NAFTA, CETA) and bilateral agreements with certain countries, that facilitate the movement of workers across borders. Foreign nationals covered under these agreements may be eligible to work in Canada without an LMIA.
- 3. Reciprocal Employment
Foreign nationals from countries that have reciprocal employment arrangements with Canada may be eligible to work in Canada under the IMP without the need for an LMIA.
- 4. Open Work Permits
Certain categories under the IMP allow foreign nationals to obtain open work permits, which allow them to work for any employer in Canada without being tied to a specific job or employer.
- 5. Research and Academic Exemptions
The IMP includes exemptions for researchers, academics, and certain professionals who contribute to research, innovation, and academia in Canada.
- 6. Spousal Work Permits
Spouses and common-law partners of certain temporary residents, such as international students or skilled workers, may be eligible for open work permits under the IMP.
Application Process
The application process for the International Mobility Program varies depending on the specific stream or category under which the foreign worker is applying. Employers and foreign workers must ensure that they meet all eligibility requirements and provide supporting documentation as required by Immigration, Refugees and Citizenship Canada (IRCC).
Overall, the International Mobility Program provides flexibility for employers and foreign workers to meet their labor needs and work in Canada under various circumstances without the need for a Labour Market Impact Assessment. It complements the Temporary Foreign Worker Program and contributes to Canada’s economic and social objectives by facilitating the entry of skilled workers, researchers, academics, and other professionals into the country.