Why You Need LMIA As A Foreigner To Work In Canada

Working in Canada is one of the main factors that immigrants from all over the world take into account when deciding whether to immigrate now or in the distant future.

Is it possible for everyone to obtain a working visa in Canada, or is it only available to certain individuals?

You’re in luck, I suppose. In as little as six months, you can begin employment in Canada. That is, if the program is the proper one and the relevant qualifications, such as being eligible for a Labor Market Impact Assessment (LMIA), are met.

What Is An Lmia & How Do You Acquire It?

If you are having trouble finding employment in Canada, it’s possible that the position you are seeking is subject to the Labour Market Impact Assessment (LMIA), which many Canadian employers want before they may engage a foreign worker.

However, they are still included in Canada’s Temporary Foreign Worker Program (TFWP), which calls for LMIAs and other immigration programs that allow applicants to gain points for having an employment opportunity in the nation. Some foreign employers do permit foreigners to live and work temporarily in Canada without needing an LMIA.

If you want to apply for a job in Canada, you must have a valid LMIA that demonstrates that your employer was unable to fill the position with a resident who is qualified for the post, whether you already have one or need to apply for one. If you receive a negative LMIA status, it means that there are enough Canadian citizens or permanent residents to fill the position.

The likelihood that you will be hired for the position you are seeking increases if your LMIA status is positive and shows whether a foreigner is needed to fill the position. For a Canadian employer to receive a favourable LMIA, a number of conditions must be satisfied, including:

Job Opportunity

Before submitting an LMIA application, the business must have previously advertised a vacant post for at least 4 consecutive weeks in the previous three months.

Develop A Transition Or Labor Market Benefits Plan

A transition strategy must be created by the employer and submitted along with the candidate’s LMIA application.

A transition plan must outline the initiatives taken by a company to recruit, hire, retain, and train Canadians or permanent residents in order to lessen the employer’s dependency on TFWP.

Caregivers, positions under the Seasonal Agricultural Worker Program or the Agricultural stream, jobs with a time limit, and jobs that only a small number of people have been exempt from are just a few of the highly skilled positions that get filled by a foreigner in Canada that are advantageous to the Canadian market and are what they aim for.

Create An Employment Contract

To ensure that each party is aware of their obligations and rights, all employment contracts must be prepared and signed by the employer and the temporary foreign worker. Before arriving in Canada, temporary foreign workers must sign it.

Meet Additional Requirements For Low-Wage Roles

Employers must make sure that low-wage foreign workers have access to benefits including cheap housing, transportation, and healthcare. Inspections must be performed by the regulatory authority, Employment, Social Development Canada (ESDC), to make sure that all employers adhere to this requirement.

Pay Lmia Application Fees

Each company must pay a CAD $1,000 application fee for the labour market impact assessment. Employers are only excused from paying this application cost when they hire through the Caregiver Stream and Agricultural Worker Stream.

LMIAs are valid in Canada for six months after being given to an employer. Potential candidates may submit an application for a position with the pertinent employer during this time.

LMIA is required by many businesses nowadays because the Canadian economy is expanding along with job marketplaces. The employer is required to apply for an LMIA with evidence that there isn’t a Canadian worker or a nearby permanent resident who can fill a position, especially taking into account skills, education, and work experience.

The candidate can apply for a work visa and submit the required paperwork as soon as an employer receives an LMIA, also known as a confirmation letter.

  • Job offer letter
  • Contract
  • Copy of the LMIA
  • LMIA number

The LMIA process is quite labor-intensive and requires the potential candidate to submit all the above-mentioned supporting documents.

Do You Need an LMIA?

No matter where you live in the world, if you would like to get a job in Canada and need an LMIA, you can get one if you are:

  • An in-home caregiver
  • A foreign research academic
  • An agricultural worker
  • Applying through the TFWP
  • Foreign worker program
  • Someone with an interest to work in Quebec

However, you do not need an LMIA if you are:

  • A Canadian social and cultural interests worker
  • Awaiting permanent residency
  • Intra company transfers
  • Applying for the international mobility program
  • Applying for international free trade agreements

When a Canadian employer hires a foreign worker, often accomplished through the International Mobility Program (IMP), they are said to be exempt from the requirement to file for LMIA.

Under certain programs, such as the TFWP, the IMP was created to enable Canadian firms to hire workers abroad without going through the LMIA procedure.

The goal of the IMP is to facilitate the entry of foreign workers into Canada in order to advance the country’s cultural and economic growth in numerous ways. Employers may use IMP to hire overseas workers, but they must first fulfill the following criteria:

  • Pay a compliance fee
  • Prove that a job or worker meets the necessary requirements for LMIA-exemption
  • Submit a job offer through the IMP Employer Portal

LMIA-Exempt Work Permit Programs

There are a few programs you can select from to obtain an LMIA-exempt work visa, which will enable you to work for nearly any firm in Canada if you meet all the qualifications for the positions they have available.

Open work permit programs include:

  • Post-Graduate work Permit
  • Bridging Open Work Permit
  • International Experience Canada (IEC)
  • Inland Spousal or Common-Law Sponsorship Program

There are a few additional avenues you can use to apply for an LMIA-exempt work permit in addition to these well-known programs.

One of these is through the Global Talent Stream (GTS), which was established to speed up the immigration of highly qualified and talented individuals to Canada.

The Global Talent Stream has assisted Canada in attracting a large number of skilled workers who will contribute to the nation’s expanding economy.

Any employers hiring highly qualified individuals under the GTS are guaranteed a favorable LMIA. Another approach to apply for an LMIA exemption is through a global accord that Canada has with a few other nations.

These international agreements include:

  • North American Free Trade Agreement
  • General Agreement On Trade and Services
  • Canada-Chile FTA/ Canada-Peru FTA/ Canada-Columbia FTA/Canada-Korea FTA/
  • Canada-European Union Comprehensive Economic and Trade Agreement (CETA)

Additional alternatives to consider are LMIA exemptions for humanitarian and compassionate reasons, facilitated LMIA-Quebec, intra-company transfers, and Canada interest exemptions.

Your LMIA is valid for a period of six months after it has been authorized or recognized as positive. An LMIA can be authorized in as little as 10 days, greatly accelerating the procedure for requesting a work permit and applying for immigration to Canada and permanent residency.

As soon as you are hired, you must obtain a copy of your LMIA and a job offer from the appropriate company. These documents will be needed when you apply for a work visa.

Leave a Reply

Your email address will not be published. Required fields are marked *