Labour Market Impact Assessment
In most cases, a Canadian employer who wishes to hire a foreign worker should initially apply for government approval before the foreign worker applies for a work permit.
The LMIA process represents a number of required actions, including vigorous advertisement requirements, that should be undertaken by the Canadian employer for the purposes of determining whether the hiring of a foreign worker will have a positive or neutral effect on the Canadian labour market. It is important to understand that no qualified Canadian was ignored in favour of the foreign worker and that the foreign worker would be treated similarly by getting a salary and benefits that meet federal and provincial standards.
Before we proceed with the LMIA application, we will determine which of the following streams is suitable for a Canadian employer to meet the recruitment needs:
Temporary Foreign Worker Program – Labour Market Impact Assessment Application Process
The Global Talent Stream (GTS) is a two-year pilot program launched in June 2017 through a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC).
The GTS assists certain Canadian employers in hiring highly-skilled global talent, enabling them to compete on an international scale. Employers who are successfully referred to the program will be able to expedite the process for hiring foreign nationals through the Global Skills Strategy.
Labour Market Impact streams:
- High Wage Workers
- Low Wage Workers
- Foreign Agricultural Workers
Labour Market Impact Assessment process
Under the Temporary Foreign Worker Program, Canadian employers must obtain a neutral or positive Labour Market Impact Assessment (LMIA), a detailed and complex application processed by Employment and Social Development Canada (ESDC).
This process involves demonstrating genuine recruitment efforts, providing selection reports, and proving business legitimacy. Ultimately, employers must show that no Canadian citizen or permanent resident is available with the necessary skills and expertise to fill the position.
Once a positive or neutral LMIA is issued, the employer must provide the approved LMIA and a detailed job offer letter to the foreign worker they intend to hire. The foreign national may then apply for an LMIA-based work permit, which requires its own set of documents, including proof of work experience and the ability to perform the job duties.
This application is entirely separate from the LMIA process and must be approached with great care, as an approved LMIA does not guarantee approval of the work permit.
Temporary Foreign Worker Program – Global Talent Stream (an expedited LMIA process)
The Global Talent Stream (GTS) is a two-year pilot program launched in June 2017 through a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC).
The GTS assists certain Canadian employers to hire highly-skilled global talent enabling them to compete on an international scale. Employers who are successfully referred to the program will be able to expedite the process for hiring foreign nationals through the Global Skills Strategy.
Labour Market Impact Assessment application – Expedited Processing
There is an opportunity to expedite the processing of the LMIA application and ask for a ten-business-day processing if the application meets at least one of the following criteria (subject to certain restrictions):
Highest-paid
The positions requested have a prevailing wage that is equal or above the top 10% of wages earned by Canadians or permanent residents in the province/territory where the job is located
Skilled trades
The positions are for skilled trades on the list of eligible occupations; and
The wage offered is at or above the provincial or territorial hourly median wage
Short-duration
The positions requested are for a period of employment of 120 calendar days or less; and
The wage offered for the requested positions is at or above the provincial or territorial hourly median wage
Express Entry
The job offer is to support a skilled worker’s application for permanent residence under one of the Immigration, Refugees and Citizenship Canada’s Express Entry eligible programs.
Contact Us to Determine The Right Program For You
On the market since 2006
We know the industry inside out: the details of the Due Diligence process for each citizenship and residence permit by investment program, when an affidavit is needed, and the best way to resolve our clients’ problems.
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We work exclusively with government-licensed citizenship and residence permit by investment programs in the European Union and Canada.
