LMIA Based Work Permits

LMIA Based Work Permits

Canada encourages foreign workers to seek employment through the Temporary Foreign Worker Program (TFWP). However, LMIA based work permits make sure that the program does not impact workers in Canada. Therefore, the Canadian government makes it mandatory for employers to seek approval before employing foreign nationals. Labor Market Impact Assessment (LMIA) is a step in this direction. Hiring a knowledgeable immigration consultant can brighten your prospects of securing a job in Canada by exploring different options.

What is Labor Market Impact Assessment (LMIA)

Canadian employers can temporarily hire foreign workers under the Temporary Foreign Worker Program to compensate for the labor shortage in Canada. The labor shortage in Canada may be because of two common issues:

• The Canadian workers may not be keen to work for the position because of location, wages, and occupation
• There is a shortage of skilled workers in Canada to fill the vacant positions

A Canadian citizen or permanent resident gets a preference to fill the position. The employer should explore all avenues to search for local employees. These are:

• Advertising through newspapers,
• Using social media platforms to publish the details of the job vacancy, location, and wages

The employers submit the LMIA application if they cannot fill the vacancies after waiting for the mandatory period of 28 days. The LMIA ensures that foreign workers do not deprive permanent residents or Canadian citizens of the jobs they rightfully deserve. An employer can only hire foreign employees after a favorable LMIA decision. On the other hand, a negative LMIA mandates the employer to hire a permanent resident or a Canadian citizen.

LMIA based work permit

An individual can submit a work permit application to Immigration, Refugees, and Citizenship Canada if there is a job offer from an employer in Canada with a positive LMIA report. You will also submit proof that you possess the necessary qualification and experience to fill the job position. You may submit letters from the past employer confirming your role and responsibilities in a similar capacity.
Submission of the application for the LMIA based work permit within six months from the date of approval of the LMIA decision is mandatory. It is because the validity of the letter of LMIA decision is only six months. LMIA work permits are employer-specific, which means that the employee will not be able to work at any other location or for any other employer. The work permit will mention the name of the employer, job location, and occupation.
Individuals from visa-exempt countries can obtain a work permit at the Port of Entry. They should maintain all necessary documents to present to officers at POE.

Types of work permits

There are two main types of LMIA based work permits. Let us dive deeper to understand these:

• High-wage employees– Statistics Canada fixes the median-hourly wage for each province in Canada. Any employer offering wage higher than the median hourly wage needs to obtain a positive LMIA. It ensures that the employer is genuinely interested in securing the employment rights of Canadian citizens or permanent residents. All workers who seek to apply for high-wage jobs must submit applications for LMIA based work permits.
• Low-wage employees– Canada limits access to the Temporary Foreign Worker Program by restricting the number of foreign workers who belong to the low-wage category. Processing of LMIA may not be applicable for specific low-wage occupations.

Temporary Foreign Worker program mandates the employer to provide the following facilities to low-wage foreign workers:

• To cover workers with health insurance
• Pay for to and fro transportation
• Arrange affordable accommodation
• Register Temporary Foreign Worker with Workplace Safety Board

Speeding up the LMIA processing

Immigration, Refugees, and Citizenship Canada confirm that processing of MLIA will be done within ten business days for specific occupational categories as follows:

• Occupations in the highest demand- Occupations, vital for Canada’s infrastructural development, natural resource extraction, and other developmental work.
• Occupations that are the highest-paid- Employees in this category refer to the highly skilled positions that may be difficult to fill with Canadian citizens or permanent residents.
• Occupations of the shortest duration- Jobs in this category may be for a maximum of 120 days. These occupations belong to short-term projects or repairs that are subject to warranty conditions.

There are several LMIA exempt occupations that enable individuals to find jobs in Canada. Dev Immigration Services Inc offers professional and reliable guidance to secure work permits. Contact us now to explore your options.