Q&As for Labour Market Impact Assessment (LMIA)

FAQ – Labour Market Impact Assessment (LMIA)

In this article, I will address popular questions and answers regarding the Labour Market Impact Assessment (LMIA) in Canada as well as some important information to consider if you are applying for a Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment was created for any Canadian employer who requires the help of a foreign worker to be employed by their company and would need the approval from the Canadian government prior to hiring them. If you believe you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Labour Market Impact Assessment LMIA” before reading this question and answer article. The intention of this article is meant to clarify any questions you may have with regards to Labour Market Impact Assessments in Canada.

Q: What is the Purpose of a Labour Market Impact Assessment?

A: First and foremost, before explaining the purpose of a Labour Market Impact Assessment, it is very important to understand what the Labour Market Impact Assessment is. An LMIA is an official document provided by Employment and Social Development Canada / Service Canada that a Canadian employer may need to obtain prior to hiring a temporary foreign worker. Please keep in mind, if you are a Canadian employer and would like to hire a temporary foreign worker, it is essential to first determine whether or not you are required to obtain a Labour Market Impact Assessment prior to hiring them. The purpose of the Labour Market Impact Assessment essentially is to indicate that there is a need or requirement for a foreign worker to fill the intended position. Additionally, it also demonstrates that no Canadian citizen or permanent resident of Canada is available to fill the job.

Q: What does it mean to receive a positive Labour Market Impact Assessment?

A: A positive Labour Market Impact Assessment is also referred to as a Confirmation Letter. After the Canadian employer receives a positive Labour Market Impact Assessment, the temporary foreign worker may proceed to apply for a work permit in Canada. It is important to understand that in order to apply for a work permit, the temporary foreign worker will need a valid job offer letter from a Canadian employer, a contract, a copy of the positive Labour Market Impact Assessment and the Labour Market Impact Assessment confirmation number.

Q: Who exactly needs a Labour Market Impact Assessment in order to hire a Temporary Foreign Worker?

A: This question is frequently asked and is very popular among Canadian employers. There are specifically two ways in which to find out whether you will need a Labour Market Impact Assessment in order to hire a Temporary Foreign Worker. The first way to find out is to review the list of Labour Market Impact Assessment exemption codes. You can specifically review the list of regulations on this exemption code table. If you have selected a code that is relevant to your hiring circumstances, then you will need to include this code in your valid job offer. The second way to find out is by contacting an International Mobility Worker Unit (IMWU) for help. When you contact IMWU, you may request for their assistance and their opinion on whether or not you would need a Labour Market Impact Assessment to hire your temporary foreign worker, as long as the temporary foreign worker is from a visa-exempt country and they are currently residing outside of Canada.

Q: How long is a Labour Market Impact Assessment valid for?

A: Labour Market Impact Assessments are often only valid for a period of six months. As a result, if the Canadian employer has not successfully hired the temporary foreign worker within the six month period, they will need to then obtain another Labour Market Impact Assessment. Once they apply for another Labour Market Impact Assessment, Employment and Social Development Canada / Service Canada (ESDC) will then again have to analyze and assess whether there is still no available Canadian citizens or permanent residents to fill the intended job. It is important to keep track of the validity of the Labour Market Impact Assessment, especially when the temporary foreign worker has not been hired yet.

Q: I would like to extend my work permit that is about to expire but I don’t have a new Labour Market Impact Assessment. Can you please advise me on what to do next?

A: Thankfully, if your work permit is expiring within two weeks, you are permitted to submit your application without the Labour Market Impact Assessment. However, you must diligently include proof that the Labour Market Impact Assessment request was made. Specifically, you have to include a copy of the application that was submitted to Employment and Social Development Canada / Service Canada, or alternatively, include a copy of the receipt confirmation number (this only applies if the request was made online), or, you must indicate in the section of intended work in Canada on the work permit application, the date that the LMIA was sent, the visa office it was sent to, the Canadian employers name and the confirmation number of the submission.

Contact Akrami & Associates

Should you have any further questions or would like clarification on how to apply for a Labour Market Impact Assessment, it is important to ask your questions and discuss your concerns to an Immigration professional. By discussing your concerns to an immigration professional, this will ease your worries and assist with the LMIA application process. Many immigration applications are difficult to pursue on your own, including the LMIA application, 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 obtain temporary foreign workers for their Canadian businesses. If you believe that you may be eligible to apply for an LMIA, 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!

Shabnam Akrami

Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates. p> Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma. In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies. She is also a Member in good standing with Law Society of Upper Canada. Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases. She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors. Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care. With Shabnam, there is always a way!