Employer requirements for LMIA
LMIA employer requirements are guidelines for Canadian employers who want to hire foreign workers with specialized knowledge that are in short supply. In Canada, all employers require a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO), if they wish to hire a temporary foreign worker.
The Temporary Foreign Worker Program (TFWP) lets employers hire temporary workers to fill temporary labour and skill shortages. If they plan on hiring a work through the TFWP, they need to apply for a LMIA and also pay the fee of $1,000 per worker that they hire.
A LMIA is a document that an employer needs to get before hiring any foreign worker, and it acts as an approval from the government for the people they choose to hire. If their application is successful, they will then be provided with a document from the Employment and Social Development Canada which states that they are allowed to hire a temporary worker to fill their shortage.
The purpose of the LMIA program is to justify the hiring of foreign workers by demonstrating that there is no qualified Canadian worker available to do the job and there is a need for the foreign worker to fill the job that they are offering.
LMIA based work permit
LMIA applicants should be able to display their efforts in hiring Canadians and permanent residents before offering a job to a temporary foreign worker.
In order to demonstrate this, the employer must follow the recruitment’s requirements that display their efforts in hiring Canadians and permanent residents before offering a job to a temporary foreign worker.
LMIA applicants should also be able to demonstrate that they have active engagement within the business that they are planning on hiring the temporary worker. They must also be able to prove that working conditions meet the provincial labour market standards, and they should also be able to provide benefits that hiring a foreign worker would bring to Canada.
When an employer is given a positive LMIA, they can then forward it to the foreign worker who they wish to hire, so that they can submit it with their work permit application.
Before an individual applies to be a temporary foreign worker, there are a few things that they should be able to prove, such as:
- Must be able to prove to an officer that they will leave Canada when their work permit expires;
- They must be able to prove that they have enough money to provide for themselves during their stay in Canada;
- They should have no record of criminal activity and they cannot be a danger to Canada’s security.
An advantage to being a temporary foreign worker is that they have an opportunity to apply for permanent residency if that is something they wish to do. It is also encouraged, especially if they are filling short-term positions that limit their stay in Canada.
Contact us regarding the LMIA employer requirements or any other LMIA related issue.