Shabnam Akrami Blogs
Who Needs a Labour Market Impact Assessment LMIA
What is the Labour Market Impact Assessment?
The Labour Market Impact Assessment (LMIA) was previously known as the Labour Market Opinion (LMO). The labour market impact assessment is an application that once approved allows an employer to hire a foreign, temporary worker through the TFW (Temporary Foreign Worker) program. The labour market impact assessment is typically associated as a requirement to obtain most work permits as without it, you cannot work in Canada.
It is hard for an employer to get a positive result for the labour market impact assessment because it is more tough to convince the ESDC (Employment and Social Development Canada) that there are no available local workers that can do the job and that there is a need for the foreign temporary worker. In addition if the employer interviewed potential candidates, they must explain why those workers were not hired and the number of applicants for the position.
How much does a Labour Market Impact Assessment application cost?
The Labour Market Impact Assessment is submitted to the ESDC from your employer. It will cost your employer $1000 (an increase of $725 from the $275 fee for processing a labour market opinion previously) for the ESDC to process the Labour Market Impact Assessment. This fee is non-refundable meaning that if the Labour Market Impact Assessment is denied, the employer will not receive the $1000 back.
If the employer is planning to hire a worker with a higher wage then they will need to give a transition plan on how they will hire more Canadians and how they will reduce their dependency on the TFW program. In addition, the employer should not underpay you meaning they should not pay below the prevailing wage or the regular wages. Thus, they should pay out the prevailing wage for that occupation or the regular wages in that company (whichever is higher). But if the employer pays higher, it will be known as a high wage occupation which means the Labour Market Impact Assessment is more extensive in terms of the application than low wage worker applications. For the lower wage occupations, the work permit will be issued for year per work term.
In addition if the position you are seeking is more dependent on skills and more specialised, then there will be a higher chance of success as it is more likely that there is no available Canadian to do the job than the ones that are less specialized and require less skills.
A positive labour market impact assessment is also known as the letter of confirmation. By obtaining a letter of confirmation, it means that there was no Canadian available to do the job, it will not affect the labour market nor to other Canadians, there is a need for the foreign worker to work in Canada.
What should I include in the Labour Market Impact Assessment as the Employer?
When the employer applies for the labour market impact assessment they should demonstrate and prove:
- That there was an effort on their part to hire Canadians (for example: advertising on job boards, placing job postings, etc.)
- Why they turned away potential candidates if there were candidates that applied for the position
- The number of applicants for the position
- The wage that the employer is offering you is consistent with the prevailing wage of that occupation or the regular wage in the company
- The occupation you are being hired for meets up to the standards of the current provincial labour market assessments.
- The potential benefits that hiring a foreign worker will potentially give to the Canadian labour market
- How they will further increase their recruitment efforts to employ more local workers in the future and a transition plan to reduce dependence on the TFW program if they are hiring the worker as a high wage worker
Can I use the Labour Market Impact Assessment along with the Work Permit?
You can use the Labour Market Impact Assessment to attain a work permit. But this can only happen if the employer successfully sends the application and it is approved. You will then use a copy of the positive labour market impact assessment and attach this with your work permit application. You can then file a work permit application with the visa office/consulate in your country.
In some cases you will be required to have a Temporary Resident Visa depending on the country you live in to enter Canada.
Despite being accepted for the job, you can be denied entry to Canada at the border because of your inadmissibility. Additionally based on the job or the country you lived in, you may need to undergo a medical examination, and possibly biometrics.
If I am applying for a Canadia Work Permit, what documentation will I need to provide?
The basic documentation that you should provide at the border when you apply for a work permit includes:
- Proof of identity (for example: citizenship, passport, etc.)
- Travel document which can be your passport
- A copy of the job offer
- The signed employment contract
- A copy of the positive Labour Market Impact Assessment from your employer
- if you are applying in Quebec, you will need a Certificat d’acceptation du Québec(CAQ)
- And any other applicable fees ($150 for processing a work permit application and $75 for a temporary residence visa and $75 for each accompanying family members)
Who is exempted from a Labour Market Impact Assessment?
There are certain cases in which you will not require a Labour Market Impact Assessment and thus are exempted from having to do so. One of these exemptions is the Significant Benefit Work Permit. This is a harder work permit to obtain. To receive this work permit, you must show how you can socially, culturally, and economically benefit Canada. These work permits are not issued usually. They are given if the benefit you are creating for Canada outweighs the need for the significant benefit work permit, and to perform work in Canada that is urgent and obtaining a positive Labour Market Impact Assessment would delay it (for example: emergency repairs that if not done would disrupt employment in Canada). Another exemption would be if your employer is hiring you through the International Mobility Program.
Also if your country is in a free trade agreement with Canada and the free trade agreement includes facilitating the entry of foreign workers, then you may not require a labour market impact assessment. For example, the countries: United States and Mexico are in the North American Free Trade Agreement with Canada, thus allowing foreign workers to not have to obtain the Labour Market Impact Assessment. Other exemptions may be:
- Entrepreneurs or self-employed individuals
- Intra company transferees
- And any other international mobility programs
What is the Labour Market Impact Assessment’s Processing Time?
The ESDC’s goal is to process labour market impact assessments in less than 10 days. However if the labour market impact assessment is more complex, then it could take longer.
Should I Hire a Legal Professional to assist me with my LMIA?
Having a legal professional on your side can make this complicated procedure easier and can increase the chance of receiving a positive labour market impact assessment as obtaining a positive labour impact assessment is not always guaranteed and given in exceptional circumstances. In addition showing the requirements to obtaining a positive labour market impact assessment are complex and a small mistake can make your application denied. Thus it would be recommended to hire a legal professional to assist in your matter.
How can we help at Akrami and Associates?
At Akrami and Associates, we have provided legal assistance to many employers and workers in regards to obtaining a Positive Labour Market Impact Assessmentas well as the work permit and we can help you too! We can help you arrange the required and supporting documentation, guide you throughout the process and to prepare a labour market impact assessment that will be approved. And of course we will be there with you every step of the way. Don’t hesitate to give us a call today at (416) 477-2545 or toll free at 1- 877-820-7121 today if you have any questions, would like to seek further clarification, or would like to book a consultation with one of our immigration specialists. We are here to help.
Are you looking to file the labour market impact assessment on your own and/or are looking for a financially cheaper option than hiring a legal representative? If so, then our do it yourself immigration kits may be what you are looking for. We have kits available on the labour market impact assessment, work permits, the other work permits, etc. Elite bundles are also offered with these kits. In these elite bundles you are provided with a consultation and a final review on your application by one of our immigration specialists. If you are looking for more information on these kits, don’t hesitate to contact us to do so and we can provide you details on them, and how to purchase them.
With Akrami and Associates, there is always a way!!