While Canada welcomes immigrant workers from all over the world, the country does try to ensure that the Canadian workforce is given priority for job openings. Just the same, though, sometimes no skilled Canadian workers are available for the job openings. In such cases, Canadian businesses must look beyond their national borders for foreign workers to fill their job openings.
Before they are permitted to hire foreign workers, Canadian companies are usually required to apply for a Labour Market Impact Assessment (LMIA). In general, the Canadian employer and their foreign employee must receive a positive or neutral LMIA for the immigrant to take the Canadian job. A negative LMIA will result in the hiring being denied and the employer being asked to hire a Canadian worker instead.
At the law firm of Loft Immigration, we understand the difficulties of business immigration for both the employer and the employee. We take pride in simplifying the process for all parties by providing knowledgeable legal advice, ongoing legal support, and dedicated, client-focused representation. As your legal team, our North York based attorneys for work permit immigration will help you prepare for the LMIA so that you can meet the requirements and get the job you’re after.
If you have any questions or concerns about LMIA, our firm offers free, no-obligation case evaluations to prospective new clients. Contact us today to speak with our legal staff about your LMIA case.
Previously known as a Labour Market Opinion, the LMIA is a legal document that judges the positive and negative impact of importing foreign labor for a Canadian job opening. Issued by Employment and Social Development Canada (ESDC), a department of the government responsible for the labor market on a federal level, a positive LMIA will result in a foreign worker being granted a temporary work permit for a job in Canada.
Canada’s immigration system has different processes in place for the different types of foreign workers applying for a LMIA. These categories are called ‘streams.’ The streams change to meet the labor market’s demands but have been known to include streams for high-wage workers, low-wage workers, and agricultural workers.
The purpose of a LMIA is to judge what kind of impact the foreign worker might have on the economy and workforce on a national or local level. In general, the government wants to be sure that there are no unemployed Canadian workers available for the job position first, as they should be hired before foreign employees are. But other considerations are also taken into account, such as whether the foreign worker has any special skills that might benefit Canada and its people in a technical, cultural, or economic sense.
Canadian employers must meet several criteria to be eligible to apply for LMIA.
It is important to note that while the employee must receive a positive LMIA, it is the employer that applies for the LMIA and not their employee. Once the employer receives a positive LMIA, the foreign worker must apply for a work permit to take the job.
A Canadian company doesn’t have to receive an LMIA to hire a foreign worker in limited circumstances. Immigration officers may grant work permits in these certain instances without needing an LMIA application.
Certain jobs are more likely to need ‘outside help’ by hiring foreign nationals as temporary workers. While these jobs will still need a positive LMIA (or be otherwise LMIA-exempt), the number of job openings often dwarfs the number of Canadian employees available to fill them, making it more likely for foreign workers to be approved.
The LMIA is often considered one of the most troublesome elements of the hiring process for foreign workers. The employer has the need for the employee, and the employee rightly feels needed, so why the holdup? For those needing to achieve a positive LMIA, our skilled immigration lawyers would be happy to lend assistance.
Loft Immigration Services Inc has years of experience helping businesses and employees through the immigration process. We can help you save time, money, and unneeded nights of worry by providing useful legal guidance.
Call us today to schedule a free initial consultation with our legal team 416-492-1222
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