LMIA is an authorization required by any Canadian employer before hiring a foreign national. This document confirms that the employer failed to hire a Canadian citizen or Permanent resident for the said position. A Positive or neutral LMIA confirms that there is shortage of skilled worker for the said job / occupation in the particular where the employer operates. A negative LMIA means there are sufficient workers available in the particular location of the employer to perform the advertised / said job by the employer.
LMIA is issued by ESDC (Employment & Social Development Canada). There is a fee of $1000 for each temporary position advertised by the employer. For a permanent position, there is no fee. A decision on LMIA application is normally given within 30 days. LMIA is valid for 6 month. Foreign national must apply for work permit within that period of time.
STEPS:
- Advertise job on ESDC-Job Bank & 2 other media for 28 days
- Submit LMIA application
- Receive a decision
- Foreign national apply for work permit with a positive or neutral LMIA decision.
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 Canadian 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 business is located.
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