LMIA Work Permits For Canada

LMIA Work Permits For Canada, A Labour Market Impact Assessment (LMIA) is really a document from Employment and Social Development Canada (ESDC) assessing the outcome of getting a foreign national in Canada. An optimistic LMIA signifies that there's no Canadian citizen or permanent resident to fill a situation, therefore enabling a company to employ an overseas national. An adverse LMIA signifies that the position ought to be filled with a Canadian citizen or permanent resident.

An overseas national cannot make an application for an LMIA. Rather, LMIAs are documents which should be requested with a Canadian employer. While sometimes you'll be able to employ a foreign worker who's exempt from requiring an LMIA, or who's exempt from requiring a piece permit, all streams of Canada’s Temporary Foreign Worker Program (TFWP) require that the employer get the LMIA to be able to hire outdoors of Canada. Too, a lot of Canada’s immigration pathways to permanent residency require that applicants show an optimistic LMIA to be able to claim points for any Canadian job offer.

LMIA Application 

A company may sign up for an LMIA as soon as 6-several weeks before the intended start date for that position. LMIA application procedures vary with respect to the wage of the individual being hired. Employers should consult the median hourly wages of the province or territory to be able to see whether their position is recognized as high-wage or low-wage, as low-wage positions will need the business to satisfy additional criteria. You will find specialized streams for employers wanting to obtain LMIAs for several regions of employment. Included in this are:

LMIA Application Requirements

LMIA applications are submitted in hard copy, by mail, to the appropriate LMIA Work Permits For Canada Processing Centre. Applications must include evidence that the following criteria have been met:

• Processing Fee: All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.
• Business Legitimacy Documents: Documents proving that the employer’s status as a legitimate Canadian business.
• Transition Plan: Employers must submit a plan for how they intend to address the need to hire foreign nationals. Eventually, employers are expected to hire Canadian citizens and permanent residents rather than TFWs.
• Recruitment Efforts: Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.
• Wages: Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.
• Workplace Safety: TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.

 

Low-Wage Workers

Employers submitting LMIA applications for low-wage positions, must also address the following three requirements:

• Cap on TFWs: If an employer has previously hired TFWs they
• Transportation: Employers must provide low-wage workers with adequate transportation to and from Canada. This transportation is provided at the employer’s expense.
• Housing: Low-wage workers must be provided with adequate housing for the duration of their employment in Canada.

What Happens After LMIA is Approved 

After an LMIA application continues to be processed, employers is going to be issued a choice. When the employer is disseminated an optimistic LMIA, they are able to proceed with getting a foreign national. If your negative LMIA is disseminated then regrettably the business isn't approved to employ an overseas national.

Positive LMIAs are valid for six several weeks in the date of issue. After getting a positive LMIA, the business must inform the foreign national to enable them to make an application for the work they do permit or permanent residence. In a few conditions, employers may apply to obtain their LMIA application processed in ten days. To be eligible for a expedited processing, a company should be located outdoors of Quebec and meet among the following needs:

• Highest wage positions: top 10% of wages earned by Canadians in the province/territory of the job
• Skilled Trades: paid at least the median provincial/territorial wage for the position.
• Short-Term positions: 120 days or less
• Express Entry: the LMIA is to assist an Express Entry candidate

 

Median Hourly Wages by Province or Territory 

If the employer is getting a TFW to become compensated at or over the median hourly wage for his or her province or territory they must feel the high-wage workers stream for LMIAs. If the employer is getting a TFW to become compensated underneath the median hourly wage they must feel the low-wage workers stream.

Province/Territory	2021 Wage ($/Hour)	2022 Wage ($/Hour)
	Wages prior to April 30, 2022	Wages as of April 30, 2022
Alberta	27.28	28.85
British Columbia	25.00	26.44
Manitoba	21.60	23.00
New Brunswick	20.12	21.79
Newfoundland and Labrador	23.00	24.29
Northwest Territories	34.36	37.30
Nova Scotia	20.00	22.00
Nunavut	32.00	36.00
Ontario	24.04	26.06
Prince Edward Island	20.00	21.63
Quebec	23.08	25.00
Saskatchewan	24.55	25.96
Yukon	30.00	32.00

 

Exemptions to LMIA Requirements 

In some cases, it might not be essential for a company to acquire an LMIA to be able to employ a foreign worker. Nearly all LMIA exemptions are managed with the Worldwide Mobility Program. Find out more about LMIA-exemptions contributing to exemptions from requiring a piece permit.

Facilitated LMIA (Quebec) 

The province of Quebec maintains significant autonomy over its immigration procedures and policies. Because of this, the province includes a couple of unique distinctions concerning the hiring of foreign workers. The facilitated LMIA process enables Quebec employers to try to get LMIAs without requiring to prove they provided efforts to recruit a Canadian citizen or permanent resident to fill the positioning. Find out more about the needs for any facilitated LMIA.

Global Talent Stream 

The Global Talent Stream (GTS) is really a two-year pilot program launched in June 2017 via a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). The GTS assists certain Canadian employers to employ highly-skilled global talent enabling these to compete with an worldwide scale. Employers who're effectively known this program can expedite the procedure for hiring foreigners with the Global Skills Strategy.

Intra-Company Transfers 

Canada’s Worldwide Mobility Program enables high-skilled foreigners to operate temporarily in Canada as intra-company transferees. If your foreign national is definitely an worker of the company someplace outdoors of Canada, they might be qualified to acquire an LMIA-exempt visa to transfer to among the company’s locations within Canada. The intra-company transferee rule pertains to all countries.

NAFTA Work Permits 

Its Northern Border American Free Trade Agreement (NAFTA) encompasses an expansive variety of trade protocols between Canada, the U . s . States, and Canada. NAFTA provides unique possibilities for that authorization of citizens from the U . s . States and Mexico to operate in Canada. Those foreign nationals covered by NAFTA provisions may be eligible to work in Canada without the requirement for a Labour Market Impact Assessment (LMIA) or a work permit.

CETA Work Permits 

The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA)  encompasses an expansive variety of trade protocols between Canada and EU member nations. CETA provides unique possibilities for that authorization of citizens EU nations to operate in Canada. Individuals foreigners included in CETA provisions might be qualified to operate in Canada without the requirement of a Work Market Impact Assessment (LMIA) or perhaps a visa.