LMIA stands for “Labour Market Impact Assessment” – LMIA. It was earlier known as “Labour Market Opinion” (or LMO). LMIA is a document that an employer in Canada may need to obtain before they can hire a foreign worker.
If you have ever thought about immigrating to Canada you must have heard about the LMIA program. It is no surprise that you may have wondered what that is.
Here is all that you need to know about LMIA:
An employer, who wishes to hire a foreign worker, first makes an application to Employment and Social Development Canada (ESDC). ESDC then reviews the application and issues an evaluation report that is called LMIA. This report outlines how hiring a foreign worker will impact the labour market of Canada.
Before hiring a foreign employee, an employer must obtain an LMIA from ESDC. If the assessment by ESDC is positive, the Labour Market Impact Assessment will specify the conditions of the job being offered, the name of the employee in question, and the expiry date of the LMIA.
Once the Canadian employer receives the LMIA, it is then forwarded to the overseas employee. The overseas employee can only initiate a Visa and work permit application only after the Labour Market Impact Assessment is obtained. Those who are already employed in Canada can file a Work Permit renewal application.
What Are The Different Types Of LMIA?
Support Work Permit applications
Labour Market Impact Assessment to support a work permit application under the TFWP (Temporary Foreign Worker Program). Once you receive this Labour Market Impact Assessment, you may apply for the Work Permit.
LMIA For PR, Support Permanent Residence Applications
This LMIA is used to support an application for PR in Canada. With a valid LMIA, the foreign worker is awarded 50-200 CRS points depending on the NOC Code.
Candidates can apply to Express Entry Draw. This can boost the cut-off score high enough for the applicant to receive an Invitation to Apply (ITA) for Canada PR Visa.
Support applications for permanent residence and work permits
Apart from supporting a PR application, this type of LMIA also supports a work permit application.
LMIA Requirements For Canadian Employers
When analyzing the offer of employment, ESDC considers the following elements:
- Has the Canadian employer made adequate efforts to recruit or train a Canadian to fill the position?
- Will hiring foreign workers help create or keep jobs for Canadians?
- Will immigrants be able to transfer their expertise or unique skills to Canadians?
- Is there a labor shortage for this occupation in the region where the position is located?
- Does the salary offered to the foreign worker correspond to the average for the profession in the region where the position is located?
- Are the working conditions in line with the labour laws and/or collective bargaining agreements?
- Are the job offer and the company genuine?
- Is there an ongoing dispute between the company and/or the industry?
- Is the number of foreign workers in the company within the ceiling set by the government?
- The only languages distinguished as job requirements for LMIA purposes are English and French unless the employer can prove differently.
- Employers are also required to advertise all vacant positions in the Canadian labor market for at least four weeks. In addition to posting an ad on the Canadian Job Bank website, employers must also prove that they have attempted at least two other national recruiting efforts to find a suitable Canadian employee.
- Employers are expressly prohibited from laying off or reducing the hours of work of Canadian workers to hire foreign workers. Generally, it is easier to get a positive LMIA for high priority occupations. Canada strives to recruit skilled and highly skilled workers in high priority occupations to benefit the Canadian economy with their knowledge, skills, and expertise.
For each request for the Labour Market Impact Assessment for work permit applications, you need to pay a processing fee of CAD 1,000.
LMIA Processing Time
The processing time for LMIA applications may vary, however, ESDC has committed to 10 working days for certain LMIA applications. The 10 days processing time is available for applications about the high-priority job, jobs offering salaries in the top 10% of wages earned by Canadians in that province, and for jobs for a short duration (less than 120 days).
How can I renew my LMIA?
LMIA renewal is not possible. It is a one-off process. Once completed, you cannot renew it. You can only do one new LMIA.
Who has the best chances of getting an LMIA?
The Canada skill-shortage list is the list of high priority occupations in the country. These occupations have more openings than the number of people with the required skills to do it. If your occupation is on the list of occupations in demand in Canada, you have a higher chance of getting an employer to submit an LMIA application.
It is easier for employers to file LMIA applications for prospective employees whose occupation is on the .