Labour Market Impact Assessment (LMIA) Applications
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Labor Market Impact Assessment (LMIA) is a document that an employer must get before hiring any foreign worker for the job. This document is issued by Employment and Social Development Canada. It assesses the impact of hiring a foreign worker in Canada. If the employer receives a positive LMIA, it means there is no Canadian citizen available to fit the job, and the employer to allowed to fill the vacancy with a foreign national. The negative LMIA represents no need to hire a foreign national and the job filled with permanent or Canadian citizens.
Canadian employers can only submit LMIA documents seeking a foreign working professional to fill labor or skill shortages. A positive LMIA is necessary for each step of immigration towards permanent residency.
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LMIA Application Requirements
An LMIA application is submitted six months before the job position announcement. The procedure varies according to the hired person’s wages. The employer must consult their province’s median hourly wages to meet the criteria necessary to settle the high or low salary according to the job position. Specific streams, including LMIA for caregivers, agricultural needs, academic hiring, and Quebec hiring requirements, differ from LMIA requirements for the usual hiring.
LMIA application is submitted in any form, hard copy or by mail. The application should meet the following criteria to be accepted
The Processing fees of all LMIA except specific condition should be submitted and is non-refundable even if LMIA results in negative.
Business Legitimacy documents are required to prove a Canadian employer’s status as a legitimate business.
Transition Plan shows Canadian employers address the need to hire foreign nationals.
The employer should submit evidence showing Requirement Efforts for hiring a Canadian citizen or permanent resident before hiring TFW.
Canadian employer has to include information regarding Wages fixed for TFW should be the same as Canadian national.
The employer requires Workplace Safety evidence to ensure minimum equivalent insurance coverage by the province for TFW for their health and safety.
LMIA Processing Time
Due to the high number of LMIA applications and requests for some changes or additions in the application, it usually takes a longer processing time to approve or reject LMIA requests for the Temporary Foreign Worker Program (TFWP). It usually takes eight to 46 business days to complete LMIA processing. During this period, the employer is not liable to submit another LMIA application to avoid any duplication and further delay. Reduce the delaying period by a complete LMIA application submission and immediately respond to Service Canada requests for any additional information or necessary documentation.
LMIA Exemptions imply certain situations where a Canadian employer does not need to obtain an LMIA for temporary foreign worker hiring. International Mobility Program organizes LMIA-exemptions indexes to be maintained by ESDC and IRCC. LMIA exemptions are made for the benefits Canadians, and permanent residents enjoy and for humanitarian and compassionate reasons.
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