LMIA Work Permit

Labour Market Impact Assessment (LMIA) was introduced to avoid foreign workers affecting job availability in Canada. Accordingly, the Canadian employer has to obtain approval from ESDC for issuing an LMIA work permit. The ESDC would affirm that Canadian citizens or residents are not available to perform the job for which the Canadian employer is seeking LMIA approval.

This employer-specific work permit has been offering a path to foreign personnel aspiring to find a job in Canada. On arrival, the ex-pat must work with the specific employer and should abide by the LMIA work permit regulations. Finding a work permit through this channel necessitates assistance and support from a professional immigration service like ImmiLaw Global. Our experienced immigration service team is at your service if you are looking to immigrate to Canada.  

LMIA Application Requirements

Do not misconstrue that a foreign person can apply for LMIA. Only a Canadian employer is authorized to approach ESDC to obtain LMIA. All the streams of the Temporary Foreign Worker Program (TFWP) in Canada would need LMIA for hiring foreign labourers, excluding a few specific scenarios. The LMIA application requirements include:

• A positive LMIA is the basic requirement for hiring a foreign worker by a Canadian employer. A negative LMIA states that the employer should find the employee from Canadian citizens or residents.
• Proof of funds indicating that the person has enough financial strength to maintain themselves and their families while in Canada must be submitted. Those who lack ample funds in their bank accounts may not get an LMIA work permit.
• The applicant must confirm to the visa issuing authority that he or she will leave Canada on the expiration of the work permit.
• Those with a criminal or unsatisfactory background cannot expect an LMIA work permit. Canada does not allow people who might become a security threat or social nuisance in the future.
  Medically fit and healthy.
• Only eligible Canadian employers can hire foreign workers under the LMIA.
• We request that you talk to our expert Canada immigration team to know in detail about the LMIA eligibility requirements.

Canada LMIA Processing Time

• Canada LMIA processing time depends on the situation at different times. Hence, a generic processing time cannot be stated. However, the normal Labour Market Impact Assessment (LMIA) time is around 4-6 weeks. This can vary depending on the number of applications at ESDC at a given time, the complexity of the application, etc. In some cases, ESDC will require additional verifications, examinations, and higher-level decision-making. The processing time might go well beyond 06 weeks under such conditions.

What Happens After LMIA is Approved?

• The ESDC in Canada would look into the LMIA application, undertake a comprehensive analysis based on the employment scenario, and issue a decision to the applicant, the Canadian employer. If the ESDC issues a positive LMIA, the employer can hire foreign workers. On the other hand, a negative LMIA is not in favour of the employer. The employer must find a Canadian citizen or resident for the job if the ESDC issues a negative LMIA.
  
  The validity of LMIA approval is six months from the date it is issued. Subsequent to the receipt of the positive LMIA, the employer can inform the same to the foreign employee. The foreign worker should initiate the application for a work permit or PR in Canada based on the intimation from the employer.
  
  An employer can get a foreign worker quickly through expedited LMIA processing. In this case, the LMIA application would be processed as quickly as ten days. Nonetheless, the employer should be located outside Quebec for this. Further, the recruitment must be for a high-wage position, skilled trade, short-term position, or Express Entry.

Factors Related to LMIA Application

The factors to be considered while submitting an LMIA application in hard copy to the concerned authority are:

• A processing fee of CAD 1000 is charged for each LMIA application. This amount is non-refundable. That means the money is not returned even if the authority issues a negative LMIA.
• LMIA applications under in-home caregivers may be exempt from the processing fee, depending on relevant aspects.
• The Canadian employer must submit all the documents and certificates stating the legitimacy of the Canadian firm.
• A proper plan addressing the need to hire foreign workers has to be submitted. They should also have a plan for the replacement of foreign citizens with Canadians or permanent residents in due course.
• The Canadian employer must prove to the authority that efforts were made to recruit Canadian citizens or permanent residents of Canada. Hiring foreign nationals is done since those efforts did not fructify.
• The wage intended for the foreign worker should be indicated in the application. The foreign personnel must also be paid equally to their Canadian counterpart.
• Standard health and safety conditions must be ensured without fail.
• The low-wage foreign workers should be provided with transportation and accommodation.

ImmiLaw Global: No.1 Canada LMIA Consultants in Kerala

• ImmiLaw Global has been offering comprehensive immigration support to countries including Canada, Australia, the UK, New Zealand, and the USA. With above a decade of experience, we serve clients in the most professional manner. Expert immigration lawyers, experienced immigration executives, and Canada LMIA consultants in Kerala are the mainstays behind our successful existence.
  
  We focus on ensuring a seamless immigration process and systematic compliance with all the laid down regulations. Thereby making the visa processing, issuance of work permits, and the entire immigration process flawless.
  
  ImmiLaw Global would be your trusted immigration service for immigration support, clarifications regarding visa rules, assistance in processing visas, etc. You may reach out to ImmiLaw Global, the leading immigration services, for any type of immigration support.
  
  Do call us now.