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LMIA-Based Work Permit

LMIA-Based Work Permit

LMIA-Based Work Permit 

Most people working in Canada need a valid work permit. An employer from Canada is required to complete a Labor Market Impact Assessment of LMIA before they can hire a worker from a foreign country. An LMIA is designed to protect the foreign workers employed in Canada on a temporary basis. It also protects the domestic job market.

How Assessment of the Merits of an LMIA Application Is Done

The procurement of a Canadian work permit is completed in two steps. The LMIA application must be submitted to the Employment and Social Development Canada (ESDC) by the potential local employer. The applicants must be provided details such as how many Canadians have applied for the job and reasons for not hiring them. If an employer issues a work permit, they might be checked for compliance.

The following factors are considered when the ESDC checks the merits of the applicant:

  • Are there any Canadians available and willing to fill this job?
  • Has the employer put in enough effort to hire a Canadian for the job?
  • Is it possible to create jobs in Canada by hiring a foreign worker?
  • Is the employer offering wages and salaries commensurate with the regional wage averages?
  • Are the working conditions in line with the Canadian Labor standards?
  • Is the employer involved in any labor disputes?

The ESDC will issue an LMIA if it is satisfied with the results of the investigation and convinced that the industry can sustain foreign workers.

Workers cannot change jobs or employers after a positive LMIA is issued. They are also not allowed to move to a different region in the country. Workers will have to apply for a new LMIA in the above circumstances.

In the LMIA process, employees are classified as high-wage and low-wage.

High-Wage Workers

High-wage foreign workers are those with wages that are equal to or more than the industry average. It is mandatory for all Canadian employers looking to hire foreign workers on a temporary basis at a higher wage to submit a transition plan. This is to support the interest of local workers and reduce the dependence of employees on temporary foreign workers.

Low-Wage Workers

Low-wage foreign workers are those with remuneration lower than the median wages offered in the province. Employers face a limit that restricts them from employing low-wage temporary workers. They cannot employ more than 10 percent of low-wage temporary foreign workers for a company with more than ten employees.

LMIA Processing Times

Processing times can vary from a few weeks to a few months. The ESDC processes the application within ten business days. This is standard for the following categories:

  • All LMIA jobs in high demand
  • Top paying occupations
  • Working periods with short duration

LMIA Fees and Additional Employer Requirements

The application fee for LMIA is CDN 1000 for every application. A privilege fee of CDN 100 is also applicable.

Canadian employers must advertise the job openings for at least four weeks before applying for LMIA. They must also identify two other recruitment methods to hire potential workers. The ESDC must also provide enough evidence that employers have explored the underrepresented groups such as disabled people, aboriginal people, youth, etc.

To qualify as a requisite for the LMIA, only English and French are acceptable. Many ESDC agents generally do not approve an LMIA application if another language has been used as a determinant.

Are you looking to enter Canada in search of work based on your skills? We can help you understand the LMIA process better. As one of the leading immigration consultants in Canada, ASI Immigration has helped many applicants succeed in their efforts at gaining temporary employment under LMIA. Contact us to know how we can make a difference in your efforts.

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