In the Canadian economy, which is expanding quickly, it is not always possible to locate a Canadian worker who has all the skills, years of experience or certifications you are looking for. When this occurs, businesses decide to employ a temporary foreign worker. However, before offering employment in Canada, employers must first receive a positive Labour Market Impact Assessment.
Achkar Law is available to anyone in Ontario who requires assistance with a Labour Market Impact Assessment. We assist Canadian employers with successfully submitting LMIA applications as we are well-versed in the new policies and regulations. Businesses and immigrant workers from other countries can benefit from this application.
What is a Labour Market Impact Assessment (LMIA)?
An LMIA is a document issued by Employment and Social Development Canada (ESDC) to employers in Canada. It gives them the authorization to hire temporary foreign workers.
Who needs a Labour Market Impact Assessment (LMIA)?
Employers in Canada who want to hire a temporary foreign worker will need to apply for a Labour Market Impact Assessment. Whereas the worker needs a positive LMIA to apply for a work permit.
Things to consider when preparing an LMIA application
- You must determine how much you are going to pay the foreign worker. The wage determines whether you will apply under the High-Wage or Low-Wage Stream. The requirements for these two are very different, which is why this first step is very important.
- Be clear with the job offer. The job you are going to offer must be full time which means at least 30 hours a week. The job offer must also include the job duties in detail.
- You need to advertise and try to hire Canadian citizens or permanent residents. This process will take at least 4 weeks as this is the set amount of time the ads must be running. Therefore, if you are looking to hire someone you may want to do this as early as possible. It is important that your advertisements include all required information such as wage, job position, duties, etc. You also need to invite all eligible candidates for an interview.
Some employers may have found a potential worker before applying for a Labour Market Impact Assessment. However, you will still need to attempt to recruit Canadian citizens and Permanent Residents.
Please note that there are additional steps you need to take depending on which stream you apply under.
What do we do?
You can rely on the employment lawyers at Achkar Law to guide you through the complexities of this application. We will assist you in completing the paperwork necessary to hire a foreign worker and help you determine whether you are eligible for any exemptions.
Since going through this procedure takes time, you should begin as soon as you are aware that you will be employing a temporary foreign worker. This process may be further slowed down by mistakes or omissions made during the application stages, which could have a negative impact on you and your company. As a result, you should always consult an experienced lawyer for assistance.
If you are an employer looking to hire a foreign worker or a potential employee who has an employer willing to offer you a job, our employment lawyers would be glad to help you. Contact us at 1-800-771-7882 or email us at [email protected], we will be happy to assist.