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Canada Immigration - Labor Market Impact Assessment (LMIA)

Labour Market Impact Assessment is a term used to describe the process through which Canadian employers gain permission to hire and employ foreign workers. The purpose of an LMIA is to ensure that foreign workers are only being hired when Canadians are not available to do the work. The process involves employers proving to Employment and Social Development Canada (ESDC) that they have made every effort to hire Canadians but were unsuccessful.

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There are a few steps involved in the LMIA process. First, the employer must submit a detailed job offer to ESDC. This job offer must include information such as the wages being offered, the duties of the position, and how long the position will be available for. Once ESDC has received the job offer, they will assess it to determine if it meets all of the necessary requirements. If it does, they will then post the job offer online for Canadians to view.

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Canadians who are interested in the position will then have a certain amount of time to apply for it. If no Canadians apply for the position, or if none of the Canadians who do apply are qualified for the position, ESDC will issue an LMIA. The LMIA will give the employer permission to hire a foreign worker for the position. The foreign worker will then be able to apply for a work permit, which will allow them to come to Canada and work.

quick facts

  • Processing time: 3-6 weeks.

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  • Fee: Processing fee $1000-$2500 

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  • Interview Required: Yes

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  • Minimum Advertisement period: 28-30 days.

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  • Prohibited Employer list: Yes, there are certain types of employers and industries who are not eligible to apply.

What is a Labour Market Impact Assessment (LMIA) and How Does It Work?

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The Labour Market Impact Assessment, or LMIA, is a program designed by the Canadian government to help ensure that businesses are hiring foreign workers only when they truly cannot find qualified Canadians to fill the positions.

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The way it works is that businesses must first apply for an LMIA from Employment and Social Development Canada (ESDC). They must show that they have made active efforts to recruit Canadians for the positions, but were unable to find any qualified candidates.

 

If approved, the business will then be able to hire foreign workers for a set period of time. TheLMIA will also specify how many workers the business can hire, and what the requirements are for them.

 

The LMIA program has come under scrutiny in recent years, as some businesses have been accused of abusing it in order to hire cheaper foreign labour. However, the program remains an important tool for businesses who genuinely cannot find qualified Canadians to fill their positions.

Is Your Job Compatible With LMIA?

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To find out if your job is compatible with the LMIA program, you can check the National Occupation Classification (NOC) list. If your job is listed on the NOC, then it may be eligible for the LMIA program. However, there are some jobs that are not eligible for the LMIA program, so it's important to check with your employer or the Canadian government to make sure.

How To Apply For An LMIA in Canada?

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If you're looking to work in Canada, you may need to obtain a Labour Market Impact Assessment (LMIA). An LMIA is a document that an employer in Canada can request from the government in order to hire a foreign worker. 

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The process of applying for an LMIA can be lengthy, so it's important to be prepared before you begin. First, you'll need to obtain a copy of the application form from Employment and Social Development Canada. Once you have the form, you'll need to fill it out completely and accurately. In addition to general information about yourself and your employment history, you'll also need to provide details about the job you're applying for, including the duties involved and the salary being offered. 

 

After you've completed the application form, you'll need to submit it along with the required fee. Once your application has been received, Employment and Social Development Canada will begin processing it. The processing time can vary depending on the specifics of your case, but it typically takes around two weeks. 

 

Once your LMIA has been approved, you'll be able to apply for a work permit from Immigration, Refugees and Citizenship Canada. You'll need to provide your LMIA approval letter as part of you work permit application package to IRCC.

What is the cost to apply for an LMIA in Canada?​

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If you are an employer in Canada who wants to hire a foreign worker, you will need to obtain a Labour Market Impact Assessment (LMIA). This is a document from Employment and Social Development Canada that assesses the impact that the foreign worker will have on the Canadian labour market.

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The cost of an LMIA depends on the type of work that the foreign worker will be doing. For example, an LMIA for a low-wage position will cost $1,000, while an LMIA for a high-wage position will cost $2,500. There is also an additional fee of $250 for each accompanying family member.

 

Once you have obtained an LMIA, you will need to apply for a work permit for the foreign worker. The cost of a work permit varies depending on the nationality of the foreign worker and the length of stay in Canada. For example, a work permit for a Mexican citizen would cost $155, while a work permit for a U.S. citizen would cost $100.

What are the LMIA application requirements for an employer?

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The employer must first show that they were unable to find a qualified Canadian citizen or permanent resident to fill the role they are looking to hire a foreign worker for. If the employer is able to successfully demonstrate this, they will then need to submit an LMIA application. 

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The LMIA application requires the employer to provide detailed information about the position they are looking to fill, including wages and working conditions. A Labor Market Impact Assessment Officer will then assess the application to ensure that the hiring of a foreign worker will have a positive impact on the Canadian labor market. 

 

If the LMIA is approved, the employer will be provided with a document that they can use to apply for a work permit for their foreign worker. The foreign worker will need to present this document, along with other supporting documents, when applying for their work permit.

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Additionally, before submitting an application for an LMIA, employers must post all open positions across the Canadian labour market for at least four weeks. 

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To that end, employers must demonstrate that they have employed at least two additional recruitment strategies in addition to placing an ad on the Canada Job Bank. 

 

Employers must concentrate their advertising efforts on underrepresented Canadian demographics, such as First Nations people or people with disabilities.

 

Employers must certify that they are aware of the prohibition against terminating or reducing the hours of Canadian employees who hold the same position(s) as the temporary foreign worker(s) employed by the company.

What are the LMIA application requirements for an applicant?

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In order to be eligible for an LMIA, an applicant must: 

  • have a valid job offer from a Canadian employer in an occupation that is on the National Occupation Classification (NOC) list; 

  • meet the minimum wage requirements for the occupation and province in which they will be working; 

  • demonstrate that they have the skills, qualifications and experience required for the position; 

  • prove that they have sufficient financial resources to support themselves and any dependents while in Canada; and 

  • show that they are likely to leave Canada at the end of their work period.

What are the documents required for an LMIA application in Canada?

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When applying for a work permit through the LMIA process, there are certain documents that you will need to submit in order to have your application processed. To help ensure that your application is complete, please consult the checklist below:

  • A valid passport or travel document

  • Your current CV or resume

  • An offer of employment from a Canadian employer

  • The results of any skills assessments that may be required

  • Proof of funds to support your stay in Canada

  • Any other supporting documentation as required by the specific work permit category you are applying under

What is the application processing for time for LMIA in Canada?

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The application processing for time for a LMIA in Canada can take up to six weeks. After the application is complete, it will be sent to the Canadian employer who will then have ten days to respond. If the employer does not respond, the application will be automatically processed.

What are LMIA exempt work permits? 

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You may be exempt from applying for an LMIA and can apply directly for a work permit if you are part of one of the following categories:

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  • International Experience Canada participants (Working holiday, young professionals, co-op students)

  • Intra-company transferees

  • CSQ holders in Quebec who already have a work permit

  • Spouses and common-law partners of full-time students

  • Spouses and common-law partners of workers who hold a job in NOC category 0, A or B

  • Entrepreneurs

  • Francophone mobility (skilled work outside of Québec)

  • International mobility program

  • Bridging open work permits (applicants who already applied for permanent residence

Can You Appeal a Denied LMIA?

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If you've been denied a Labour Market Impact Assessment (LMIA), you may be wondering if there's any way to appeal the decision. The short answer is: yes, you can appeal, but it's important to understand the process and what your chances are before going ahead.

 

The first step is to contact the office that issued the LMIA decision and request a copy of the "reasons for refusal." This document will outline the specific reasons why your LMIA was denied, and it's important to have this information in order to build your case.

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Once you have the reasons for refusal, you can start preparing your appeal. The next step is to submit a written request to the Minister of Employment and Social Development Canada (ESDC), along with any relevant supporting documentation.

 

Your case will then be reviewed by an independent panel, who will decide whether or not to overturn the original LMIA decision. If they decide in your favor, you'll be issued a new LMIA and can proceed with your Canadian work permit application.

 

If you're appealing a LMIA denial, it's important to understand the process and know what your chances are before moving forward. With that said, it is possible to succeed on your next attempt provided you have fixed all errors pointed out by the assessing officer in your first attempt.

A work permit is a legal document that lets a person who is not a Canadian citizen work in Canada. About half a million work permits are given to temporary foreign workers from all over the world every year.

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Many people from other countries move to Canada in search of better job prospects. If you want to move to Canada permanently, getting a job there is a great first step.

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The process of acquiring a work permit in Canada can be done in a variety of different ways. Work permits can be broken down into three categories: those that require a job offer from a Canadian employer; those that require an employer to submit a Labor Market Impact Assessment (LMIA); and those that require the applicant to have some kind of connection to Canada (previous education, spousal sponsorship, etc.).

Need help in applying for an LMIA? Hire an authorized paid representative.

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IMMERGITY Immigration Consultant are very experienced with the application process and can help you navigate the system. We will also provide valuable insights and tips on how to increase your chances of success. Get in touch now.

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If you're thinking of hiring a representative, be sure to check that they're authorized by IRCC. You can verify our credentials by clicking here.

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Hiring a representative is not required, but it can be helpful, especially if you're not familiar with the application process. If you decide to hire a representative, be sure to choose someone who you trust and who you feel comfortable working with.

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A work permit is a legal document that lets a person who is not a Canadian citizen work in Canada. About half a million work permits are given to temporary foreign workers from all over the world every year.

​

Many people from other countries move to Canada in search of better job prospects. If you want to move to Canada permanently, getting a job there is a great first step.

​

The process of acquiring a work permit in Canada can be done in a variety of different ways. Work permits can be broken down into three categories: those that require a job offer from a Canadian employer; those that require an employer to submit a Labor Market Impact Assessment (LMIA); and those that require the applicant to have some kind of connection to Canada (previous education, spousal sponsorship, etc.).

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