What is an LMIA License? And who needs it?

What is an LMIA License? And who needs it?
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You should know that there are many permits to go to Canada, according to which you can apply for immigration, and before that you must apply for the desired permit and go through the steps. One of these licenses is the lmia license. This license is one of the thousands of licenses that people can use to be employed as a workforce. Stay tuned to MigrateDesk for more information.

 

What is LMIA Canada?

 

What is LMIA Canada?

 

As mentioned, lmia is one of the work permits that Canadian employers who intend to hire foreign workers will in most cases have to obtain employment approval from the Canadian Department of Labor before being hired. This certification is known as the Canadian Labor Market Impact Assessment. Canada supports the labor force in its domestic market. For this reason, the employer issuing the job offer to you must be able to demonstrate to the Canadian Employment and Social Development Administration (ESDC) that the entry of foreign labor into the Canadian market will not adversely affect it. This means that your work will not cause Canadian workers to become unemployed in the Canadian market or have their salaries reduced.

 

License to work with LMIA in Canada

As you know, in order to work in Canada, you must obtain a work permit or work permit in Canada (Work Permit), one way is to first get a job offer from a Canadian employer. In order for an employer to be able to offer you a job, you must first obtain an LMIA permit under Canadian law. The license, the nature of which we explained in the previous section. You can get help from MIGRATEDESK consultants for more information about the RCIC and the Immigration Institute in Canada.

 

What are the requirements for receiving a Canadian LMIA?

  • Have a legitimate business.
  • Provide goods or services to the people.
  • Be able to pay salaries to foreign labor.
  • Have a real need for foreign labor.
  • Have not fired their employees in the 12 months prior to applying for the LMIA.

What are the prerequisites for receiving an LMIA?

To receive a positive LMIA, if Canadian government employees responsible for handling LMIA applications reach the following outcomes, they will be licensed to influence the Canadian labor market:

Hiring a foreign worker will have a positive or negative impact on the Canadian labor market.

  • No eligible Canadians have been ignored for hiring a foreigner.
  • The foreign workforce receives salaries and benefits in accordance with federal and provincial standards.
  • Otherwise, the LMIA result will be negative.

 

Tips on the success of the Canadian LMIA license

  1. Submitting Complete Documents: The LMIA application process is a complex process that requires the submission of many documents and the completion of government forms. To successfully complete an LMIA, an employer must submit complete documentation to the Canadian Office of Labor and Social Development. Seemingly minor errors can jeopardize the LMIA application or at least prolong the handling process.
  2. Adequate job advertisements: One of the common reasons for rejecting LMIA applications is that the federal government is not convinced that the employer could not find a Canadian job. Therefore, the employer must comply with this requirement by posting job advertisements approved by the federal government. The purpose of applying for an LMIA is to show the employer that they have not found a Canadian job for the job. Although most job advertisements only stand for 28 consecutive days, at least one must be advertised on the Job Bank of Canada or other job search sites until the LMIA is approved.
  3. Choosing the right NOC code: The first step in this process is for the employer to choose the correct NOC code; A code that accurately reflects the job description of the external workforce in question. In fact, this is a system through which the Government of Canada has categorized different occupations according to the level of skills and education required and job descriptions. In order to properly assess the impact of hiring a foreigner on the Canadian labor market, the federal government must know his or her job description accurately. If there is no match between the NOC code and the tasks of the external workforce, the application for an LMIA license will be denied.

 

Jobs exempt from LMIA

 

Jobs exempt from LMIA

 

According to the official website of the Government of Canada, some jobs do not require LMIA approval. In most cases, however, employers will need to obtain an LMIA permit from the Canadian Department of Labor to approve your job offer.

Jobs exempt from LMIA in Express Entry system

  1. You have worked for that employer for at least 1 year full-time (or equivalent to part-time work) with your work permit.
  2. Have a valid offer answer.
  3. Have a valid work permit that is exempt from obtaining an LMIA under one of the following:
  • International Agreement
  • Provincial Federal Agreement
  • Canadian Interest Group

more: ” Express Entry Canada 2022; Terms, steps and costs

Jobs exempt from obtaining an LMIA by the employer

If your current temporary job is under the supervision of a specific employer or specific employers (for technical jobs and Skilled Trade jobs a maximum of two employers can offer the job) and includes the following, you may need to obtain LMIA approval for Express Entry Do not have it:

  1. Under international agreements such as the GATS or non-trade agreements. Specialists, traders and investors fall into this group.
  2. Under an agreement between the Government of Canada and one of its provinces or territories. Many large investment projects fall into this category.
  3. You may not need to obtain an LMIA because of the following Canadian interests:
  • General: Self-employed engineers, technical staff, creative artists
  • In-company transfers (inter-organizational transfers with specific knowledge), only those whose skills and experience are beneficial to Canada.
  • Employees working in Canada under federal-state contracts or Mobilité francophone (corporate exchange).
  • Mutual employment: Allow foreigners to work in Canada when Canadians have similar employment opportunities in other countries:
  • General (such as professional coaches and athletes working for Canadian teams)
  • International Experience in Canada: Overseas work program for young people and young professionals
  • People who are involved in Exchange Programs, including professors and speakers

 

Jobs appointed by the Minister

  • Academic staff, including researchers, guest speakers, and visiting professors (sponsored through a reputable federal program)
  • Physicians and medical residents
  • Post-doctoral researchers and award-winning individuals from Canadian institutions.

Charity staff

In Canada, charity is defined as a resource for the relief of the poor, the advancement of education, and other specific goals that contribute to society. As such, some charities do not need an LMIA license to enter the Canadian labor market temporarily.

Religious labor forces

Must be able to teach and share the religious beliefs required by the employer. These people also do not need to obtain an LMIA license.

  • Jobs that do not require an LMIA still require a work permit.

 

Tips for working in Canada

  • Your work in Canada should not adversely affect the employment rate of Canadian citizens and permanent residents.
  • Canadian work permits are always temporary in nature but can be renewed from within Canada.
  • You must have a work permit to work in Canada, and in some cases you will need the approval of the Canadian Ministry of Labor.
  • By applying for a Canadian employer, you can apply for a work permit and enter the Canadian job market.
  • You do not need a job offer to get an Openwork Permit or Canada Free Work Permit.

 

Cost of receiving Canadian LMIA

If the job offered by the employer requires LMIA approval, the employer is responsible for paying for it. But if the job offer is exempt from the LMIA, the employer only has to pay the compliance fee.

 

How long does it take to receive an LMIA?

 

How long does it take to receive an LMIA?

 

According to the official website of the Government of Canada, on average, the time to review the application for Canadian LMIA approval in 2021 is as follows:

  • 9 Working Days: The GTS Global Talent Migration Trail
  • 16 working days: agricultural migration route
  • 8 working days: Seasonal migration program for agricultural workers
  • 16 working days: PR permanent residence route
  • 15 working days: Home nurses
  • 34 working days: the path of highly paid employees
  • 31 working days: The path of low-paid employees

 

What is the relationship between LMIA vision and earnings?

If the salary set by the employer is lower than the provincial average, you are in the category of low-paid employees, and if the salary is higher than the provincial average, you are in the category of high-paid employees. The LMIA recruitment process varies depending on whether the foreign workforce falls into the category of high or low salary recipients. Keep in mind that it depends on what category you are in.

 

How to receive LMIA for highly paid foreign employees?

Canadian employers planning to hire high-paid foreign workers must submit a plan to the Canadian Department of Labor indicating that they intend to reduce their dependence on foreign labor in the future. This plan is called the Transition Plan. Measures such as investing in specialist training or hiring Canadian interns are examples of a transfer plan. If the employer is selected for inspection or to extend the LMIA, it must submit a report of its transfer plan. The transfer plan is being reviewed to ensure that the Department of Labor is moving Canadian employers to achieve the plan’s goal of reducing dependence on foreign labor. As a result, hiring high-paid foreigners is the last and most limited solution used to meet the immediate and temporary needs of the labor market. Employers can only temporarily hire foreigners if there is no qualified Canadian workforce. The LMIA is therefore a tool used by the Canadian Ministry of Labor to ensure that Canadians are always a priority for hiring highly paid skilled workers.

How to receive LMIA for low-paid foreign employees?

Employers who plan to hire low-wage workers do not have to submit a transfer plan with the LMIA, but must follow other guidelines. The Government of Canada has introduced restrictions on the number of low-paid temporary foreign workers in order to ensure that Canadians are given priority in existing occupations. In addition, certain low-paying jobs may not be accepted into the LMIA process. Employers who employ 10 or more employees can hire 10% of their low-paid foreign workers when applying for an LMIA extension.

The work process of employers who offer salaries below the provincial average should be as follows:

  • Pay for the travel of foreign labor.
  • Make sure affordable housing is available to the employee.
  • Register the foreign labor force in the safety board at the workplace of the province.
  • Conclude a contract between the employee and the employer.
  • Pay the costs of private health insurance for foreign labor until the labor force is eligible for health care coverage in the province.

How to get a work permit in Canada based on the approval of the Ministry of Labor LMIA

Follow the steps below to learn how to obtain a LMIA-based Permit Workshop:

  • Employer Application for LMIA Certification: Prior to issuing a temporary work permit, a Canadian employer intending to hire a temporary workforce must apply to and receive an LMIA permit from ESDC Canada. As mentioned earlier, this certificate is issued if none of the Canadian citizens or permanent residents can apply for the job.
  • Employer Offer: After receiving an LMIA permit, a Canadian employer can offer you a temporary job offer as a foreign worker. The employer must send you a copy of the LMIA license along with the job offer letter and employment contract.
  • Applying for a work permit from a foreign workforce: Once you have received the necessary documents from the employer and also provided other documents, you can apply to the IRCC for a Canadian work visa or work permit. If you are going to work in Canada, you must have a CAQ Certificate of Acceptance. The process of obtaining a work permit in Quebec is different.
  • Work Permit: The Canadian Overseas Services Authority (CBSA) will issue your work permit upon arrival in Canada.

 

Concluding remarks

The lmia license is suitable and mandatory for people who intend to hire it, except in the conditions that they are exempted, as mentioned above. So always know that the first way to get hired in any sector requires a strong and reliable workforce and evaluate yourself in all areas and have a good start. Visit MigrateDesk for guidance and advice.

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