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Labour Market Impact Assessment Explained
The Labour Market Impact Assessment (LMIA) is a crucial process for hiring foreign workers in Canada. It is administered by Employment and Social Development Canada (ESDC) and is mandatory for positions that do not fall under exempt categories. Obtaining a positive LMIA is essential for your company to demonstrate that there are no available Canadian citizens or permanent residents who can fulfill the specific position.
The process of acquiring an LMIA may be intricate, but here are the general steps involved in hiring foreign workers using an LMIA:
- Job Offer: The first step is to extend a genuine job offer to a foreign worker. This offer must meet the requirements set by the Canadian government, including wage levels and working conditions.
- Determine LMIA Application: Identify the appropriate LMIA stream for the position you are seeking to fill. Different streams have distinct requirements and application processes.
- Recruitment Efforts: Before applying for an LMIA, you must demonstrate that genuine efforts have been made to hire Canadian citizens or permanent residents for the position. This usually involves advertising the job through various platforms for a specified period.
- LMIA Application Submission: Prepare and submit the LMIA application to ESDC, along with all the required documentation. The application will undergo a thorough review to ensure it meets the criteria for a positive LMIA.
- Assessment by ESDC: ESDC will assess the application, considering factors such as the impact on the Canadian labor market and the necessity of hiring a foreign worker for the specific role.
- Compliance with Requirements: Ensure that all the requirements set by ESDC are met, and any additional information or documentation requested is provided promptly.
- LMIA Decision: ESDC will notify you of the decision regarding your LMIA application. If it is positive, you can proceed with hiring the foreign worker. If it is negative, you may explore options to address the concerns raised or consider alternative hiring strategies.
- Temporary Work Permit: With a positive LMIA, the foreign worker can apply for a temporary work permit from Immigration, Refugees, and Citizenship Canada (IRCC) to legally work in Canada.
LMIA-Exempt Work Permits Explained
LMIA-exempt work permits provide a more streamlined process for employers in Canada to hire foreign workers without the requirement of obtaining a Labour Market Impact Assessment (LMIA). This exemption can significantly reduce the administrative burden and processing time associated with bringing in foreign talent.
Here are some popular immigration programs that allow employers to hire foreign workers without going through the LMIA process, we just listed the more effective ones as per our expertise!
The Intra-Company Transferees (ICT)
The Intra-Company Transferees (ICT) program offers multinational companies the opportunity to transfer their employees to Canadian locations without the need for a Labour Market Impact Assessment (LMIA).
This category is an attractive option for companies seeking to bring skilled talent from their affiliated companies abroad to Canada. To qualify under the ICT program, the employees must meet specific criteria:
The ICT program provides an efficient pathway for multinational companies to bring their skilled employees to Canada, fostering knowledge exchange and facilitating the growth of Canadian operations. It allows businesses to access specialized expertise and executive leadership from their global talent pool, contributing to the development and competitiveness of their Canadian operations.
Significant Benefit Work Permits
- Significant Benefit Work Permits are considered a final option, typically pursued by individuals facing circumstances beyond their control. To utilize this program, your company must demonstrate that hiring a foreign worker will result in a crucial social, cultural, or economic advantage for Canada.
- This permit can be ideal for bringing in workers with exceptional expertise that will contribute to the Canadian economy through their specialized skills and experience. Examples of such workers include technical professionals, creative and performing artists, and self-employed engineers. It’s important to note that Significant Benefit Work Permits are usually issued for shorter periods.