Labour Market Impact Assessment

You as a lower-skilled worker can be hired by employer for up to a maximum of 24 months where there is a demonstrable shortage of Canadian citizens and permanent residents.

An employer needs to get Labour Market Impact Assessment (LMIA) once that is approved that can then give the LMIA to you as the foreign worker and then you are to take it to the Citizenship and Immigration Canada (CIC) to apply for a work permit.

What Employers need to know about LMIA:

  • Employer must pay $1000 for each position which covers the LMIA Application
  • There is no refund if your LMIA is denied unless the fee was collected in error
  • The LMIA processing fee does not apply to farm workers, nursery, greenhouse workers and harvesting laborers

When being hired as foreign worker your employer must:

  • Pay the round trip transportation cost from Canada back to his/her country of residence
  • Hiring a foreign worker in NOC C and D occupations you must provide affordable housing or show housing is available near work area
  • Provide health insurance and pay for insurance costs and must register foreign worker under the appropriate provincial Workers’ Safety and compensation Board
  • Have drafted and signed an employment contract
  • Provide business license or documentation showing proof of employers’ involvement in the business
  • Conduct union consultations before applying to hire the foreign worker(s)
  • Pay for services of a third party representative if you choose to use one
  • Pay the temporary foreign worker minimum prevailing wage or the same wage as the range as current employees
  • Make sure wage offered is not below any federal or provincial minimum wage rates or wages set by provincial legislation
  • Not violate the Canadian laws and human rights
  • Make sure the workplace is safe and provide proper break time and days off
  • Have recruitment efforts to hire a Canadians and permanent residents before offering this job to a temporary worker and have proof of required advertisement

If you don’t meet the requirements properly you will get back a negative LMIA. If you are making an offer to a foreign worker for a position that affects current or foreseeable labour disputes at your workplace, or affects the employment of any Canadian worker you will not be issued a work permit.

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