What do you need to know about Canada’s Labour Market Impact Assessments (LMIA)?
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While some
foreign workers need an LMIA to work, some are LMIA exempted. A LMIA is a
document, Canadian employers need before hiring a foreign worker temporarily.
It helps employers make sure hiring a foreign worker won’t hurt the job market
in Canada.
Before a
foreign national applies for a work permit, they must get an LMIA. But for jobs
that don’t need an LMIA, the employer doesn’t have to get this document to
support a foreign worker’s work permit application. This makes things easier
for both employers and foreign workers in certain job categories.
With recent announcements from Immigration,
Refugees, and Citizenship Canada (IRCC) about plans to reduce the number of temporary
residents in Canada over the next three years many foreign nationals who want
to work in Canada may want to know how to speed up the application process.
This blog by Om International shades light on the most five common questions
foreign workers have about LMIAs, offering important advice for those trying to
work in Canada.
What is Labour Market
Impact Assessment (LMIA)?
A LMIA
which stands for Laqbour Market Impact Assessment, is a really important
document for hiring foreign workers in Canada. When it’s approved, it means an
employer can hire a foreign worker. But this approval depends on checking that
hiring the foreign worker won’t harm the Canadian job market and that no
Canadian worker is available for the job. Om international currently has more
than 120+ pre-approved LMIA which can help to fast track the process to obtain
the work permit for the applicants.
Apart from
the main job, an LMIA also shows the Canadian Government that there’s a real
need and desire for a foreign worker to work in a particular job. Employers have to prove they tried to hire
Canadians first, and that the foreign worker will bring important skills or
labor to the job market.
Determining the need for
an LMIA
Employers
typically require an LMIA when hiring international employees, unless there is
an exception. The necessity of an LMIA would vary based on some factors, among
which is an employer generally requires an LMIA to be allowed to hire foreign
workers, except where there are exemptions. An LMIA would be needed for a job
in light of the following aspects: the position and circumstances of employment
at any given point.
Why do I need a new LMIA
to extend my work permit?
When
someone wants to get a work permit in Canada, they need to make sure their LMIA
is still valid. Even if work permit lasts longer than the LMIA, the LMIA has to
be valid when they apply for the work permit.
If a
foreign worker’s LMIA expires but the employer wants them to stay longer, they
need to get a new LMIA before applying for new work permit or an extension.
Also,
whenever an employer asks for a new LMIA, Employment and Social Development
Canada (ESDC) treats it like a new application. They check again to make sure
no Canadian citizen or permanent resident can do the job, so they still need a
foreign worker temporarily.
Do entrepreneurs have to
get an LMIA in Canada?
Entrepreneurs
are not obligated to obtain an LMIA to get a Canadian work permit. However,
those foreign nationals intending to establish themselves as businessmen in
Canada must prove that their enterprise will either:
·
Produce
or prolong certain social, cultural, and economic advantages.
·
Establish
or continue job opportunities for Canada’s citizens or constant residents.
How can an LMIA increase
my CRS points as an Express Entry applicant?
Even though
Canadian Experience Class (CEC) candidates don’t require an LMIA for this
immigration program, having one from their employer can still be helpful.
If they had
a valid job offer backed by an LMIA they can get more points in the
Comprehensive Ranking System (CRS). This boosts their chances of getting an
invitation from the IRCC to apply for permanent residence in Canada.
Recent updates on LMIAs
from the IRCC
During a
joint press conference on March 21, Immigration Minister Marc Miller and
Employement Minister Randy Boissonnault unveiled several modifications to
Canada’s Temporary Foreign Worker Program (TFWP).
A key adjustment
highlighted in the minister’s announcement is the reinstatement of the
pre-pandemic standard, which sets a six-month validity of each Labour Market
Impact Assessment (LMIA). Effective May 1 2024, this changes reverses the
temporary extension to 12 months implemented during the Covid-19 pandemic.
Initially
introduced to alleviate labor market pressures nationwide, the temporary
extension is now being rescinded in light of evolving circumstances. The decision
reflects a return to the previous norm of six month validity for LMIA.
Labour
Market Impact Assessments play a pivotal role in the Canadian labor market. Whether
you are an employer seeking foreign talent or a foreign worker aspiring to work
in Canada, understanding the LMIA distinctions is essential. To streamline the
recruitment processes, employers should familiarize themselves with LMIA
fundamentals, including associated tine constraints. This empowers both international
workers and employers to navigate applicable regulations, thereby fostering
diversity in Canada’s labor market.
Stay tuned to Om International's blog and social media for more updates and insights into the world of immigration.
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CEO - OM Group of Companies
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