Frequently Asked Questions About The LMIA Process
Are you a Canadian employer thinking about bringing workers from other countries to add to your team? Foreign workers can diversify your workforce and provide a wide range of skills and talents. However, before you can hire foreign workers for your Canadian business, you must understand the Labor Market Impact Assessment (LMIA). Here are some frequently asked questions about the process.
1. What’s An LMIA, and Why Do I Need it?
An LMIA is a document issued by Employment and Social Development Canada (ESDC), that proves there is a need to hire a foreign worker – this shows that if your company hires a foreign worker instead of a Canadian citizen, there will be no negative impact on Canadian citizens and permanent residents.
2. When Do I Need the LMIA?
In most cases, Canadian employers must receive a positive LMIA before they can hire a foreign worker. However, there are situations where certain exemptions may apply, such as if a worker is covered under international agreements or specific categories of occupations. Canadian immigration laws and policies are always changing, so it is important to stay updated on the policies affecting the LMIA program.
3. How Do I Apply For an LMIA?
There are multiple ways of going about the LMIA application process. Employers can submit an online application to ESDC, making sure to provide detailed information about the company, job offer, and recruitment efforts. The process involves completing various forms, providing supporting documents and paying the government fee. The government fee is non-refundable and is required after the application is submitted. Another more popular way for employers to submit the application is by using a representative, such as an immigration consultant. It is also much easier to hire a representative since employers wouldn’t have to worry about the paperwork and complex legal jargon.
4. What Does ESDC Consider When Assessing An LMIA Application?
Some things ESDC considers when evaluating an LMIA application are:
-The employer’s recruitment efforts
-The wages offered to foreign workers
-The location and duration of the job (whether it is seasonal or permanent, full-time or part-time)
-Whether the employer has laid off any employees in the last couple years
-Supporting documents such as resumes of Canadian job applicants, recruitment records or job advertisements
5. How Long Does It Take To Process an LMIA Application?
The processing times for LMIA applications vary depending on the industry and other factors such as the amount of applications received, the complexity of the case and whether the documents submitted are complete. However, general processing times can range from a few weeks to several months.
6. What Happens When My LMIA Application is Approved?
If ESDC issues a positive LMIA, the employer will receive a confirmation letter which outlines the conditions of the LMIA and any specific requirements for hiring foreign workers. After the positive LMIA is received, the foreign worker can use it to apply for their work permit.
7. What If My LMIA Application Is Denied?
If ESDC issues a negative LMIA, the employer will receive a notification letter explaining the reasons for the refusal. In some cases, it is possible for the employer to request a reconsideration of the decision or appeal the decision through the Federal court of Canada. In cases where your LMIA application is denied, you can resubmit the application, however, it is probably the best idea to hire an immigration consultant who will have more experience handling refusals and preparing the application to maximize your chances of having a better outcome.
8. Is it Possible to Get a LMIA-Exempt Work Permit?
The short answer is yes. Certain categories of foreign workers may be eligible for work permits without the need for an LMIA, for example, persons covered under international trade agreements, intra-company transferees, or persons nominated through provincial nominee programs. It is always important to do thorough research and consult a professional before considering this route to avoid any surprises.
9. How Can I Ensure a Successful LMIA?
The decision is ultimately made by ESDC and it is impossible for anyone to guarantee the approval of any Canadian immigration application, but there are definitely some things you can do to increase your chances of success. For instance, making sure forms are completed and signed or ensuring that there are no inconsistencies in your application and that all documentation is updated and truthful.
10. Where Can I Get More Help With the LMIA Process?
If you’re feeling stuck or confused, then its probably best to hire a representative, such as an immigration consultant, who knows everything about the LMIA process and will be able to assist you and your company. This way, you don’t have to worry about piles of paperwork or try to decipher difficult legal terms.
At Berhan Immigration, we are committed to providing top-notch services to companies with the LMIA process. Let us make your life easier and add to the quality of your business.
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