If you are interested in applying for the LMIA (Labour Market Impact Assessment) work permit, this blog will provide you with some important information.
The LMIA is a number that is issued by Service Canada to a Canadian employer. This number is important because once the employer receives a positive LMIA, the foreign worker can apply for a work permit that could last from six months to two years depending on the requirements of the job.
This is important for two reasons, first you are gaining experience in the Canadian job market and second, for your Express Entry which would qualify you for the Canadian Experience Class.
The first step to getting a LMIA, is to get in touch with a future employer. If the employer has not retained a lawyer or a consultant, we at Brace Law would act on behalf of the employer. Our duties would include placing advertisements online for the position that you are a candidate for. Job positing must be featured on the Job Bank, Job Match platform and 2 additional platforms including indeed, Monster.ca and/or Workopolis. These ads have to be visible for two to three months prior to starting the LMIA application.
There are two types of LMIA applications; the high wage application and the low wage application. This application type is determined on the position that you are being offered. Prior to submitting the application, you have to make sure that the National Occupational Classification or the occupation that you are a candidate for, falls for either the high wage or low wage application.
Once the two or three months have passed, then you are ready to start with the application. Obviously during this wait time, you should be asking the employer for some crucial information that will be required for the LMIA application. The application is quite extensive and there is a lot of information that will be required from the employer. At Brace Law, we will obtain this information on your behalf and verify the application details.
There are extensive documents that must be provided if the employer is applying for their first LMIA. It is advised that prior to starting this application you consult and retain a lawyer to assist in this process.
Once the application has been submitted, there is another two months waiting period for a negative or positive LMIA to be issued.
Once a positive LMIA has been issued, the employer has an extensive period of time (usually six months or slightly longer) to provide the foreign worker or the foreign workers with the number and you start with the work permit application.
If you are from a Visa exempt country, then you would just submit a work permit application. If you are from a Visa required country, then you also have to apply for an Entrance Visa so that you are allowed to enter and work in Canada. The time frame to receive a work permit can be anywhere from 1 to 4 months, depending on the officers processing the application. During this COVID-19 period, processing times are affected.
There are a lot of benefits to an LMIA application. If you are already in the Express Entry Pool, a positive LMIA or job offer at this point would additionally add 50 points that would help with your Express Entry.
Whether you are an employer that is looking to hire a foreign worker(s) or a foreign worker that has a potential employer in Canada that is willing to offer you a job, make sure you connect with Brace Law at 905-815-6555 or email admin@bracelaw.ca. We can help!
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