YOUR SUCCESS IS OUR DUTY
YOUR SUCCESS IS OUR DUTY
LMIA stands for Labour Market Impact Assessment. When an employer receives a positive LMIA, it means they may continue to hire foreign workers for the position they are offering without negatively impacting the Canadian labour market. It is good to know, the organization that develops the LMIA process and reviews LMIA applications is Employment and Social Skills Development Canada (ESDC), also known as Service Canada. LMIA was formerly known as LMO or Labour Market Opinion.
Interestingly, LMIA comes into different types. ESDC, in consultation with IRCC, decides on the types of LMIA. We can currently identify the following types of LMIA.
▲ LMIA for permanent residency: If you apply for immigration to Canada and receive a positive LMIA, you may enhance your chances of getting approved (especially under the Express Entry system). This is usually the most straightforward kind of LMIA as the applicant will only enter the job market if they become Canada’s permanent residents. The processing fee of a pure LMIA for Permanent Residency is CAD 0.00 at the moment.
▲ LMIA for Global Talent Stream: This LMIA is limited to certain positions (mostly in the IT sector) that demand highly talented individuals. The salary must also be high (usually CAD 80,000 per year or more). If your position falls under this stream, the government will process your application reasonably quickly.
▲ LMIA for high-wage positions: If the Canadian employer offers a job to the applicant and the salary is equal to or higher than the median wage in their province, they need to apply for a High-wage LMIA.
▲ LMIA for low-wage positions: If the salary is below the province’s median wage, the job is a low-wage job. Getting an LMIA for these kinds of positions is extremely difficult.
▲ LMIA for agricultural workers: ESDC issues LMIA for agricultural workers under two significant programs: Seasonal Agricultural Worker Program (SAWP) and Agricultural Stream.
▲ Try to hire local employees and show the Canadian employer has failed to succeed: Recruitment efforts could include advertising on job search websites, local media, internal hiring, approaching underrepresented groups such as people with disabilities, vulnerable youths, newcomers, or indigenous people. The employer also needs to review the resumes and invite people to job interviews.
▲ Prepare documents and submit them to ESDC: The documents could include proof of recruitment, business legitimacy (i.e. the business is active and capable of paying the foreign national), transition plan or labour market benefits plan, employment contract, LMIA application forms, etc.
▲ Pay the processing fee and apply to ESDC: The processing fee for most applications is CAD 1000, but some exceptions may apply (e.g. the processing fee for permanent residence LMIA is $0.00 if the foreign national does not intend to work for the employer before becoming a permanent resident of Canada)
▲ Review by an ESDC officer: An ESDC officer reviews the application. They may accept or refuse the application immediately, but in many cases, they call the employer and ask more questions or request more documents before finalizing their decision.
▲ Submit the Work Permit application: If ESDC issues a positive LMIA, you need to apply to the immigration authorities to receive the Work Permit.
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