Arranged Employment for a Labour Market Impact Assessment

Arranged Employment for Permanent Residency through Express Entry Route

The Canadian Express Entry system allows employers in Canada to offer permanent jobs to foreign nationals so they can immigrate to Canada under the skilled workers class. Candidates for the Express Entry system who have a job which is supported by the Labour Market Impact Assessment (LMIA) will be invited to apply for Permanent Residence in Canada the next time the system will draw applicants from the Express Entry pool of potential candidates.

Citizenship and Immigration Canada (CIC) will process applications that are complete and have all the sufficient and relevant information, including the entire supporting documents with the package to process, in six months or less.

What the Employers need to do when giving the Foreign Worker a Permanent Position for Permanent Residency:

• Employers must provide a relevant job offer which is supported by a Labour Market Impact Assessment, and;
• Employer must obtain a Positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). Employers are exempt from this requirement if the following requirements are met:

• The candidate, for whom the LMIA was aimed for, is already working in a temporary job in Canada for an employer who already supported their work permit application with a LMIA
• The same employer who was giving the temporary job is now extending an offer for a permanent job to the same candidate. If the position for temporary job and/or position were previously exempt from obtaining a LMIA, then a new LMIA will be required for the permanent job position under the Express Entry program. When you, the employer, get your positive LMIA, it will have an associated number on it that you will have to give to your Express Entry candidate to whom you offered the permanent job to

• Employers will also have to tell their candidate to create an Express Entry profile or to update their existing Express Entry profile on the Citizenship and Immigration Canada website, MyCIC, and include or either update the following important information:

• The name of the employer and the address,
• Date work will begin (posted first day of job)
• Associated number on the Labour Market Impact Assessment
• And the Federal NOC Code respective to the job the employer will perform and is being hired for

Most workers holding foreign nationality will be able to work in temporary job while Citizenship and Immigration Canada processes their application for permanent residency. This would require a separate Temporary Work Permit application and processing fee. The fee for the Labour Market Impact Assessment application and process is the burden of the employer.

The following must be adhered to if the job offer is being supported by a Labour Market Impact Assessment, regarding which category the candidate is coming form;

• For the Federal Skilled Worker Program

• Job must be permanent, non-seasonal, and full time; and,
• Be either a Skill Type 0 (a position of the managerial field) or a Skill Level A (such as professional occupations) or a Skill Level B job (which includes technical occupations and skilled trades) according to the Canadian Federal National Occupational Classification (NOC) codes list.

• For the Federal Skilled Trades Program

• The job position should be for at least one year of full time work
• Be a Skill Level B (technical occupations and skilled trades) in one of the eligible occupations)
• Offering wages and working conditions that are similar to the wages and working condition under which Canadian work in/for.

• For the Canadian Experience Class (the following are not required for the Canadian Experience Class but will give the candidate additional points under the Comprehensive Ranking System when offered a job):

• Be a permanent job, non-seasonal, and full time, and;
• Be a Skill Type 0 (jobs relating to managerial positions) or a Skill Level A (professional occupations) or B (technical occupations and skilled trades) according to the Canadian Federal National Occupational Classification (NOC) codes list.

If recruiting a Foreign Worker from within Canada

If you were able to obtain a Positive Labour Market Impact Assessment from the ESDC for an Employee holding a Temporary Work Permit in Canada, and you wish to offer that employee a permanent job or extend the employee existing temporary job into a permanent one, then the previous LMIA may still be valid of being applied under the Express Entry program. However, if the previous position of the employee did not require a LMIA application, then a new LMIA will be required for the new permanent job under the Express Entry program.

Employer Responsibilities:

Hiring Temporary Workers, Live-in Caregivers, International Students, and Permanent Workers require general obligation which are both to be fulfilled by the employer and the employee.

Have made the best efforts to fill the position with a Canadian citizen, a permanent resident or a foreign worker who is already present in Canada, be able to pay the candidate or applicant the suitable wage for the position. Give necessary accommodation and other amenities as may be required for the job or position.

Specifically for the Live in Caregiver Program: the employer must also be willing to provide comfortable accommodation and living space in your home, and make a job offer for care giving duties that specific for that particular job, such as taking care of children, an elderly person, or taking care of a person with a mental or physical disability. All candidates and applicants who are applying for immigration under the live in care giver program must have completed education that is equivalent to a Canadian Secondary School diploma.

Specifically for hiring permanent workers, Citizenship and Immigration Canada, CIC, has the following programs under the Express Entry Program:

• The Federal Skilled Workers Program
• The Federal Skilled Trades Program
• The Canadian Experience Class
• The Provincial Nomination Program

For all of the programs, there are eligibility requirements which must be met by the candidate, the applicant, or the potential employee, there are requirements for the employer to fulfil with Employment and Social Development Canada, and there are applications and forms to filled out along with fees to be paid

Contact Akrami & Associates

We highly recommend you to seek the assistance of an experienced law firm in the field of immigration to determine which would be the route for permanent residency options to Canada. This will increase the efficiency, expedite the speed of your application, avoid delays, and prevent mistake from complicating the future. Contact us at Akrami and Associates and book a consultation today.

With Akrami and Associates there is always a way!!