LMIA (Labour Market Impact Assessments) in Canada - Canada Immigration
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| LMIA (Labour Market Impact Assessments) |
In order to hire most categories of foreign workers, a Canadian business must complete a Labour Market Impact Assessment (LMIA).
A positive LMIA confirms that a foreign worker is required to fill the position and that no Canadian worker is available.
An employer must file an LMIA application. The LMIA must be obtained and provided to the candidate along with the work permit application. In order to work in Canada, a temporary foreign worker will often need a work permit and a positive LMIA.
Some vocations may not necessitate the completion of an LMIA.
- The Temporary Foreign Worker Program can help employers who need an LMIA to hire a foreign national (TFWP).
- The International Mobility Program allows employers who do not require an LMIA to hire a foreign national (IMP).
How Canada Makes Decisions on LMIA Applications
Employment and Social Development Canada (ESDC) makes the decision on whether or not to issue a positive LMIA, which is subsequently forwarded to Immigration, Refugees, and Citizenship Canada (IRCC).
The employer is then notified of the final LMIA decision by IRCC. ESDC examines a number of considerations when making an LMIA determination, including:
- What effect would be hiring a foreign worker have on the Canadian labor market?
- The salaries and working conditions that the foreign worker is provided.
- The availability of citizens or permanent residents of Canada to do the job in question.
- Whether hiring the foreign worker would result in a transfer of useful knowledge and skills.
- Whether employing foreign workers will contribute to the creation of jobs for Canadian citizens and permanent residents.
Validity of the LMIA and Duration of Employment
A temporary foreign worker has six months after receiving a positive LMIA to apply for a work permit. There will be no extensions granted. If the six-month time has passed and the foreign worker has not applied for a work visa, a fresh LMIA application must be submitted.
The length of time a foreign worker applicant has to use the LMIA and apply for a work permit is determined by the validity of the LMIA.
The duration of an LMIA's employment determines the validity of a work permit issued with the LMIA. When it comes to the length of time an LMIA works, there are three options:
- Only for the purpose of supporting a work permit application.
- In order to support a permanent residence application, the period must be permanent. Work permits given under a permanent term LMIA are valid for a maximum of two years, assuming the candidate passes the LMIA's requirements. Whether or not a permanent residency application is in the works, the work permit will not be extended.
- A mix of permanent and temporary duration to support both permanent residences and work permit applications.
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