Increases in labour shortages across Canada are having a severe impact on Canada’s economy, including limiting the ability for companies to sustain and increase productivity. To address labour shortage issues, many Canadian companies are applying for a Labour Market Impact Assessment (LMIA) to hire temporary foreign workers.
The LMIA application process can take up to three months. Employers that are new to the LMIA application process and have not hired a temporary foreign worker in the past six years will be subject to a review upon submitting their first application. Within this review, the prospective employer must provide sufficient evidence that their workplace will remain free from abuse and that they have not been deemed ineligible to participate in the program though a previous workplace history or affiliation.
To start the LMIA process, employers must advertise the position they are seeking to fulfill on three platforms, including Job Bank, for a minimum period of 4 weeks. It is suggested to keep the job post active for approximately 8 weeks to validify that you, as an employer, have made every attempt and effort to hire a Canadian worker for the job opportunity before offering the position to a temporary foreign worker. An employer, whether they are a corporation or Sole Proprietorship, must have a payroll account to activate and create a job positing using their Job Bank account.
Brace Law can assist employers in completing the lengthy application to Service Canada. Within the application, employers must provide a list of required positions they are seeking to fulfill. For every position listed, Service Canada will charge a $1,000 processing fee to process the application. This application can take up to 30-days to process.
When an employer is issued a positive LMIA, they will have 18 months to fulfill the position; either for the temporary foreign worker to apply for a work permit or to provide the positive LMIA application information to another candidate.
To apply for a work permit, the temporary foreign worker will require a contract and job offer letter from their potential future employer, as well as a copy of the Labour Market Impact Assessment document and reference number. Once approved, the employer must provide an employment agreement to the temporary foreign worker confirming the occupation details remain the same as per the LMIA application, including the position title, wage and working conditions. Note this agreement can be provided in English or French depending on the preference of the foreign worker.
If you are an employer looking to apply for an LMIA and would like more information, contact the Immigration Lawyers at Brace Law. Our experienced team can help you submit a successful LMIA application, allowing you to bring a foreign worker on board as soon as possible. When you work with Brace Law, you can Consider It Handled.
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