If you are interested in bringing a foreign worker to Canada to work, your job offer will likely serve as the basis of his/her assessment, with regards to both temporary and permanent residency options. In many cases, a foreign worker can qualify for Canadian immigration with the help of a Canadian job offer. Citizenship and Immigration Canada has created immigration streams to fast-track foreign workers to Canada as permanent residents.
Wether you intend to employ a foreign worker for 1 hour or 1 year, below you will find some basic information to help you understand the Canada work permit process.
Labour Market Impact Assessment (LMIA) Canada: A Brief Guide for employers
Whether you are a Canadian employer looking to hire a foreign worker, or a Canadian employer seeking pre-approval to recruit multiple foreign workers, you will likely need a positive Labour Market Impact Assessment (LMIA) before a Canada work permit will be issued.
As a form of labour market verification, the LMIA process protects Canada’s domestic job market, as well as the interests of temporarily employed foreign workers in Canada. LMIA-exempt work permits may sometimes be obtained, but only under certain circumstances. A qualified Canadian immigration lawyer can answer any questions you have relating to the Canada work permit application process.
LMIA’s are typically the first step in the Canada work permit process
There are usually two steps in obtaining a Canada work permit for a foreign worker:
1) First, the employer must successfully apply to Employment and Skills Development Canada (ESDC) for an LMIA.
2) If a positive LMIA is obtained, the employer must then apply to Citizenship and Immigration Canada (CIC) for a Canada work permit.
ESDC will assess LMIA applications according to the following criteria:
- Are any qualified Canadians workers available in the region to fill the job?
- Has the employer tried to fill the job with a Canadian worker?
- Will hiring a foreign worker help create or retain Canadian jobs?
- Is the offered wage or salary commensurate with average regional pay rates?
- Do the working conditions comply with Canadian labour standards?
- Is the employer or the relevant industry currently involved in labour disputes?
If ESDC deems the region and industry sufficiently stable to permit foreign labour, then it will grant a positive LMIA.
A Labour Market Impact Assessment is specific to the employer, the occupation, and the region in which it is located. Any changes to the above-mentioned requires a new LMIA. Once a positive LMIA has been obtained, it is then used to apply for a Canada work permit.
LMIA’s are also necessary for businesses seeking pre-approval for the hiring of a large number of foreign workers.
For a free consultation with a Canadian immigration lawyer, contact First Immigration Law Firm toll-free in North America @ 1 (855) 360-4333 or 1 (514) 360-4333 internationally.