A. LMIA Work Permit
The Labour Market Impact Assessment, or LMIA, is an assessment that a Canadian employer must complete before hiring a foreign worker. To obtain a positive LMIA, a Canadian employer must demonstrate that there is no Canadian citizen or permanent resident that can undertake or is available for the job and a foreign worker is necessary. The positive LMIA is then provided to the foreign worker for their work permit application, which is typically issued for one year, if granted.
How Brace Law can assist you with a LMIA application
Brace Law has been assisting employers and potential employees with successful LMIA applications and work permits. We can help you complete a Labour Market Impact Assessment and when you receive a positive assessment, we will assist your targeted foreign workers get work permits at the Canadian visa office in their country.
The Temporary Foreign Worker Program provides Canadian employers a last resort when they are unable to recruit qualified Canadian citizens or permanent residents. Brace Law will help Canadian employers meet the necessary requirements for advertising and the ongoing compliance obligations.
For Canadian Employers
LMIA applications should demonstrate:
- Efforts were made to recruit Canadian citizens or permanent residents
- Working conditions meet the current provincial labour market standards
- Wages are persistent with the current wage rate for Canadian citizens and permanent residents in the same occupation in the same region
- Transition plans for high-wage positions demonstrating efforts to hire Canadian workers in the long-term
The LMIA process will vary depending on whether the targeted employee is classified as high-wage or low-wage.
When a Canadian employer is targeting a high-wage worker, they are required to submit a transition plan with their application that will demonstrate an increased effort in hiring Canadian workers for the position in the long-term. The transition plan must demonstrate a decreased reliance on foreign workers.
A high-wage worker is anyone making more than the hourly minimum wage for a given occupation in a particular region. The transition plan is used to demonstrate that the TFW Program is being used as a last resort when for a temporary position when a qualified Canadian worker is not available.
Canadian employers are limited in the number of foreign workers they are able to hire for a posted position. This is to ensure that Canadians are always considered first for a job. Certain low-wage occupations can be refused for LMIA processing and certain restrictions and a cap can be placed on Canadian employees.
Canadian employers offering a low-wage position must:
- Ensure that affordable housing is available for potential foreign workers
- Provide a contract to the employee
- Register the employee with the proper federal/provincial safety board
- Pay for round trip transportation
- Pay for private health insurance until the foreign worker become eligible for provincial health coverage
To determine your eligibility as a Canadian employer or a foreign worker, please contact our LMIA lawyer for guidance on your application.
B. LMIA Exempt Work Permit
There are certain skilled-trade positions that do not require a Labour Market Impact Assessment to be conducted for Canadian employers. These include:
- R204: International Agreements
- R205: Canadian Interests
- R206: No other means of support (ie Refugee claimants)
- R207: Permanent Residence applicants in Canada (ie spouse or common-law partner)
- R208: Humanitarian Reasons
Canadian employers can avoid a lengthy and complex LMIA process. Contact Brace Law for more details and to see how our LMIA lawyer can help on your work permit application.
Significant Benefit Work Permit
This program allows artists,entrepreneurs, investors, foreign workers and other individuals who come into Canada and bring with them social, economic and cultural benefits. In their application, these individuals will need to demonstrate that they will contribute to Canadian society and provide opportunities for Canadian citizens and permanent residents.
Individuals who qualify under the Significant Benefit Program, include:
- Intra-Company Transferees (individuals working on foreign companies with a subsidiary in Canada)
- Canadian Interests (individuals who offer more social or cultural benefit to Canada
- Entrepreneurs and Self-Employed Candidates (individuals looking to start a business in Canada that can demonstrate their intended business will have an economic, cultural or social impact in Canada)
Emergency Repairs (foreign workers making repairs on industrial machinery and equipment that helps to ensure Canadian workers are not disrupted)
C. Global Talent Stream
The Global Talent Stream is a two year pilot program designed to allow highly skilled global talent the opportunity to pursue employment as part of the Temporary Worker Program. In addition to job creation and investment in skills and training, other benefits to the program also include the opportunity to enrich the existing knowledge of respective colleagues while strengthening the organization’s capacity.