If you are thinking about finding a job in Canada, this article will interest you. In most cases, you will need a job offer for you to obtain a work permit, which most likely will have to be supported by an LMIA (Labour Market Impact Assessment). This article will outline what you need to know about it. 

The first question to tackle is: what is it? An LMIA is a document issued by the Employment and Social Development Canada (ESDC) department that shows the need to hire a foreign national to fill in a position. You, as an applicant, are not in charge of applying for an LMIA; your employer is. To apply they are required to prove that they did not receive an application from a Canadian citizen or permanent resident that could have filled the position they offered you. Once the result of the LMIA is positive, you can apply for a work permit. 

The purpose of this process is to protect Canada’s labour market and ensure it remains healthy. That is the reason this document proves that, after a thorough examination, there are no eligible Canadians or permanent residents able to do the job. Therefore, the company or business needs to look outside of Canada. 

The fee for an LMIA is 1000 CAD. However, this amount does not apply if the application has the sole purpose of supporting a permanent residency process. Once it is paid, it will be processed. High-need applications will be prioritized, but the processing times can vary. It is important to note that there are different LMIA streams, such as those for high-wage workers, low-wage workers, seasonal agricultural workers, or regular agricultural workers. 

The process to get a positive outcome in the assessment has many strict requirements. The employer will need to hand in several documents and adapt to certain protocols. We will talk about some of them to showcase how this laborious process works. One of them has to do with the advertisement of the position within Canada. There are restrictions about how long it needs to be advertised: in most instances, the period is of 4 consecutive weeks on at least 3 platforms, including the federal or provincial job bank. In certain industries where there are shortages, this can vary. 

Authorities also need to make sure that the employer is authorized to carry out the business and has good financial health. This means that its financial status allows supporting the employee and affords the salary offered to the worker. This salary must meet the wage requirement of the zone. Every job has a wage associated with it, which can vary depending on the zone where it is performed. Therefore, the position that is being offered must match the NOC (National Occupation Code), which establishes the job duties and the work a person performs. The employer also needs to prove that the business is operational by providing tax documents and proof of the number of employees that they have at the time of application. In addition, they must present both a business and transition plan that explains how the foreign worker will acquire and transfer new skills, as well as how the employee will benefit the company or business. As you see, this process is under strict scrutiny from the Canadian government. 

There are indeed some jobs that do not need it. The government establishes that your employer does not need to present an LMIA if you have a work permit exempt from LMIA that is a result of an international agreement, a federal/provincial agreement, or if it falls under a “Canadian interests” category, Nonetheless, having an LMIA has advantages. For example, your permanent residence application is enhanced by it. It adds 50 to 200 points depending on the skill level of the position. 

We must point out that the LMIA application is a process an Employer must go through to hire a foreign worker in most cases and it is important that if you are looking for a job you are aware that there is a process to follow, it is not about just getting a letter of employment or any type of work, you have to be experienced and have the qualifications needed for the position offered. As explained, there are many steps to be followed and evidence to be delivered. We hope that the information we have shared has been helpful and has given you a general panorama of the process. However, there is so much more to it, if you do have an Offer of Employment and want to know how to proceed according to your position or make sure the offer is valid or you as an Employer would like to know more about the process and documents to present please contact us for more information on this topic and other alternatives for immigration as we are here to help.