LMIA and Permanent Residence

Can LMIA lead to Permanent Residency?

Yes it can. However, this depends on the type of occupation you apply for in the beginning. Let’s take a look at what occupations will garner you a permanent residency in Canada.

What is a Labour Market Impact Assessment?

A Labour Market Assessment Impact is a document issued by Employment and Social Development Canada and Service Canada to employers who have proved that there is a shortage of skilled labour that they’re looking for. With an LMIA employers can go ahead and hire temporary foreign workers.

Can an LMIA based work permit lead to permanent residency for the foreign worker?

Generally work permits have an expiry date and the foreign worker must respect that expiry date and comply with it unless they apply to extend their permits. This does not mean that the Canadian government will always and under any circumstances have the foreign worker leave Canada. There are ways to hire a foreign worker with the intension to support their permanent residency. The Canadian government allows permanent residency of certain foreign workers given that the employers also agree. If you wish to hire a skilled worker and support their permanent residency you must do this through the Express Entry System. The express entry is a new online system used by CIC to select individuals who can come to Canada based on economic factors. The application will be assessed Immigration, Refugee and Citizenship Canada. There are different programs that you can do this through and they include:

• Federal skilled worker program (FSWP)
• Federal skilled trades program (FSTP)
• Canadian experience class (CEC)

The Federal Skilled Worker Program (FSWP)

Each of these programs is very different and requires specific qualifications from applicants. The employers hiring for the FSWP category have to make sure that the employment being offered comes under National Occupation Classification skill type 0 and skill level A and B. Meaning that it has to be a managerial, professional, scientific, and technical or trade position for it to be considered under the federal skilled worker program. There are many other specifications for the FSWP that your employer has to meet.

Federal Skilled Trades Program (FSTP)

Employers hiring under the FSTP category must be able to offer employment for a skilled trade or technical occupation which comes under National Occupation Classification skill level B and the number of hours and duration of work is also strictly monitored. Under this program the applicant can have employment offers from up to two employers. Some of the jobs that qualify under this program are:

• Chefs and cooks
• Person working in processing, manufacturing and utilities and central control operations
• Industrial, electrical and construction jobs
• Maintenance and equipment operation
• Butcher and bakers

Canadian Experience Class (CEC)

Employers hiring under the CEC category must also be able to employ you in positions such as management, professional, scientific, technical or trade occupations. The jobs in this category must be under skill type 0 and level A and B only. There are specifications on duration and hours of employment as well. Remember under the CEC, applicants must show at least 12 months of full-time or equivalent amount in part-time of experience in the same levels.

Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:

• an embassy;
• a high commission or consulate in Canada;
• on the list of ineligible employers maintained by IRCC;
• new and have not been in business for a minimum of 1 year; or
• Hiring workers for jobs located in the province of Quebec.

Dual- Intent Labour Market Impact Assessment

A Dual Intent LMIA is a special LMIA application used to assist both a permanent resident visa application and a temporary foreign worker work permit application. This is best suited for employers who would like to high skilled workers through one of the economic based programs but wish to hire temporarily first while the application for their permanent residency is being assessed by Immigration, Refugee and Citizenship Canada.

Eligibility to hire a foreign worker and support their permanent residency

Yes, as an employer you can do this given that you satisfy all requirements of hiring a foreign worker. Before you can apply to hire a foreign worker to fill the position being offered, you must try and find a Canadian citizen or permanent resident to fill the job. You will need to prove to immigration that there exists a labor or skill shortage for the position you are hiring in Canada and therefore you must search outside Canada. There are many ways of advertising for the position you are hiring. Once you have established a labour shortage then an LMIA can be filled for. An LMIA is always filled through Employment and Social Development Canada and Service Canada.

You can offer employment to a candidate from Express Entry, supported by an LMIA (if applicable). This, however, does not guarantee that they will be invited to apply for permanent residence but they could be invited based on their own credentials, experience and language abilities.

Keep in mind, the express entry point system has changed significantly effective November 19, 2016. Now you will be given points differently depending on your application. Remember, the system no longer awards 600 points for a job offer. How long your application takes depends on the completeness and strength of your application. We highly recommend that you seek legal advice in this matter as it is a complicated process with multiple layers and stages involved. It is always better to assess your strengths and weakness and submit a strong application the first time around or your application can be returned, delayed or even refused.

Please note, for those who would like to apply to work in Quebec the requirements may or may not be different for you. It is highly recommended that you seek professional help as rules and regulations affecting Quebec can be different than the rest of Canada.

Want to work in Canada? Then Contact Akrami & Associates

Akrami & Associates has assisted many clients with different immigration matters from temporary to permanent applications. If you’re looking to work and live in Canada permanently than contact Akrami & Associates for more details at 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Contact us today!

With Akrami & Associates there is always a way!!