The work permit applications by the immigrants are soaring with every passing year in Canada. This paves the way to greater opportunities for immigrants with a valid job offer. To make this possible and help immigrants realize their dream of working in Canada, the government has listed an option of LMIA-based work permits for them.
A Labor Market Impact Assessment or LMIA enables Canadian employers to hire Temporary Foreign Worker (TFW). LMIA serves as evidence of non-availability of Canadian citizens or permanent residents for a specific job that results in raising the opportunities for international employees.
A foreign national is not eligible to apply for an LMIA, rather a Candian employer is entitled to apply for this document. Although there are cases where the foreign workers are exempted from requiring an LMIA, majorly every stream of Canadian Temporary Foreign Worker Program (TFWP) requires the employer to get an LMIA to be able to hire workers from outside Canada.
LMIA- based Work Permit Application Process
It is a two-step standard process for foreign national to get an LMIA-based work permit:
Step 1: The employers apply to obtain LMIA for TFW
This step determines whether the job offered to the TFW is a high-wage or a low0wage position. To identify this, one needs to assure if the income offered is higher or lower than the standard provincial median average rate.
Step 2: The TFW applies for the work permit visa
The recruitment is the part of the second stage of the LMIA application. Here the employer must execute and provide evidence of recruitment efforts made to employ Candian citizens or permanent residents before offering the position to a TFW.
LMIA Application Requirements
Unlike online visa applications, LMIA applications are submitted in hard copy via mail to the designated Service Canada Processing Centre. The applications must contain proof that the below-stated eligibility requirements have been met:
Processing Fee: All LMIA applications must include a non-refundable processing fee of $1000. Certain applicants under the LMIAs are exempted from this fee.
Business Authenticity Documents: Documents demonstrating the legitimate status of the employer in Canada.
Transition Plan: the employers are required to provide a plan of action for how they propose to address the need to employ TFWs. Later, the employers are expected to hire the citizens and permanent residents of Canada instead of TFWs.
Recruitment Efforts: the employers have to provide substantial evidence to demonstrate that they have taken extra efforts to recruit Canadian citizens and permanent citizens for the proposed position before hiring a foreign national.
Wages: the offered wage rate should also be included in the LMIA application. This is to ensure that the wage rate offered to the TFW is equal to what is being offered to their Canadian equals.
Workplace Safety: TFWs are entitled to the equal standards of workplace health and safety as Canadians working in the same capacity. To prove this, the employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the
High-Wage Workers
Employers planning to hire high-wage employees are required to include transition plans in their LMIA application. This ensures that they are making every possible effort to cut down their dependability on TFWs over some time. The workers earning more than the median hourly wage on a given occupation in a specific location are termed as high-wage workers.
The transition plans are aimed at ensuring that the employers looking for foreign workers are accomplishing the purpose of the program. This implies that they are employing the program as the last resort to meet the immediate need of labor shortage temporarily when qualified Canadians fail to meet the requirement.
Low-Wage Workers
Employers planning to hire low-wage workers are not required to include transition plans in their LMIA application. However, they have a different set of rules to follow.
To limit access to the Temporary Foreign Worker Program (TFWP), while making sure that Canadians are the first to be considered for any available job, the Government of Canada has listed a cap to restrict the number of low-wage temporary foreign workers that a business can hire. Also, LMIA applications by some low-wage businesses may be rejected by the immigration authorities. Businesses with 10 or more employees that apply for a new LMIA are subjected to a cap of 10% on the ratio of their workforce that can also include low-wage TFWs.
The employers offering a wage lower than the provincial/territorial median wage aret must:
- Compensate the TFW for his/her round-trip
- Ensure the availability of affordable accommodation
- Provide financial assistance for private health insurance until workers are eligible for provincial health coverage;
- Register the TFW with the provincial/territorial workplace safety board; and
- Provide an employer-employee contract.
Post-approval of LMIA
After the issuance of a positive LMIA to the employer, they can move forward with the process of hiring TFWs. A positive LMIA lasts for a maximum of 6 months from the date of issue. Upon the receipt of positive LMIA, the employer must notify the foreign national to apply for their work permit. Also, there are provisions for employers to expedite their process of getting LMIA.