Labour Market Impact Assessment Questions and Answers

Questions and Answers for Labour Market Impact Assessment

In this article, I will address questions and answers for a Labour Market Impact Assessment (LMIA), as there are several different circumstances that require a LMIA, in order for you to further understand what a Labour Market Impact Assessment (LMIA) entails. A Labour Market Impact Assessment, better known as a LMIA, is a document from Employment and Social Development Canada that permits a Canadian employer to hire a temporary foreign worker. It was created to give foreign nationals an opportunity to contribute to the Canadian economy, without replacing available Canadian citizens or permanent residents. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Who Needs a Labour Market Impact Assessment” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Labour Market Impact Assessment.

Q: What happens if I have not received a new LMIA from my employer and my work permit is about to expire? What can I do?

A: The only way to submit your application without an LMIA is if your work permit will expire within the next two weeks. With the application, you must provide evidence that the LMIA request was made but you have not received an outcome. When submitting your application, you must include a copy of the application that was sent to Employment and Social Development Canada (ESDC) or; a copy of the receipt confirmation number, only if the request was made online, or; indicate specific details within the section “Details of Intended Work in Canada” of the work permit application with regards to the LMIA request. The specific details must include the office that the LMIA request was sent to, the date it was sent, the employer’s name and the confirmation number for the submission. Additionally, it is also vital for your application to contact the Call Centre once you have the LMIA confirmation number. This must be done within two months from the date that your application was received. If not done, your application may be refused.

Q: Do I need an LMIA if I am working in Canada on a post-graduate work permit?

A: This entirely depends on your particular circumstance. If you are currently working in Canada on a post-graduate work permit and in addition have a valid job offer, your current employer may need an LMIA only if you need to meet certain program requirements for the Federal Skilled Worker Program or the Federal Skilled Trades Program and your job is not exempt of an LMIA. Therefore, if your job is LMIA-exempt, this means you are not required to obtain an LMIA.

Q: If I am invited under the Canadian Experience Class through Express Entry, am I required to obtain an LMIA?

A: If you have been invited under the Canadian Experience Class, you do not need to obtain an LMIA to meet the program requirements, thankfully. However, if you have not yet been invited under the Canadian Experience Class, it is important to note that a valid job offer that is supported by an LMIA can help you acquire more points under the Comprehensive Ranking System. Therefore, if you’d like to improve your chances of being invited to apply, it is recommended to get a job offer that is supported by an LMIA.

Q: Why am I required to undergo an inspection if I have already hired my temporary foreign worker?

A: Any Canadian employer may be subject to an inspection made by either an Immigration, Refugees and Citizenship Canada (IRCC) officer or an Employment and Social Development Canada (ESDC) officer. Essentially, an inspection is conducted to ensure that the Canadian employer is meeting the conditions set out when they first hired the temporary foreign worker through the International Mobility Program. This is extremely beneficial for the foreign worker as it helps protect them from mistreatment and ensures that the program is being used as intended. There are three reasons you could be selected for an inspection, which are: there is a reason to suspect non-compliance, or; you have been previously non-compliant, or; you have been randomly selected.

Q: I currently work temporarily for a Canadian employer; however, they would like to offer me a full-time position. Am I required to obtain an LMIA for Express Entry?

If you have already received an LMIA when they first hired you, then chances are they will not need to re-apply for another LMIA. For instance, the Canadian employer does not need to re-apply if your work permit is still valid; you are currently working for the same employer that is listed on your work permit; you currently work in a job listed as Skill Type 0, or Skill Level A or B in the NOC code; and, that Canadian employer already received an LMIA prior to hiring you. On the other hand, if you are currently working in Canada on a work permit that does not require an LMIA, then your Canadian employer is not required to obtain one in order to make your job offer valid.

Contact Akrami & Associates

Should you have any further questions or feel confused or unclear about how to apply for a Labour Market Impact Assessment, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own, if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients hire temporary foreign workers and evidently apply for a Labour Market Impact Assessment. If you believe that you may be eligible for a Labour Market Impact Assessment, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!