The IRCC (Immigration, Refugees and Citizenship Canada) announced a public policy extension that would allow foreign nationals visiting Canada the opportunity to apply for a work permits while in Canada. This policy was first introduced during the covid-era, allowing foreign nationals the opportunity to apply for a work permit without having to leave Canada, which greatly benefited employers as they were able to find workers who were ready to begin employment as they were already in Canada.

Originally this public policy was set to expire in February 2023, however with the temporary extension, the policy will now be extended until February 2025.

In order to be eligible under this public policy, foreign nationals in Canada would need to apply for a work permit and receive a valid job offer from a prospective employer. A job offer must meet the criteria of eligibility including that the written offer is a minimum of one year of employment in a full-time non-seasonal work setting, and the job offer must be supported by LMIA or LMIA-exempt offer of employment.

A Labour Market Impact Assessment addresses key concerns in the labour market by confirming through the application process the need to hire foreign workers to fulfill an employment opportunity as the job has remained vacant and was unable to be filled with a Canadian worker or permanent resident. A positive LMIA result would confirm that there is a labour shortage and allow the employer the opportunity to hire a foreign national to temporarily fill this position.

This is different from a LMIA-exempt offer which allow foreign workers the opportunity to apply for a job position with a specific employer, however they do not require a positive LMIA application. Known as the International Mobility Program (IMP), this program was created to promote Canada’s social, economic, and cultural interests by allowing expedited work permits for foreign workers deemed to have a future significant impact and benefit on Canada’s society. As a result, the foreign worker becomes exempt from obtaining a positive LMIA from their future employer.

Candidates must also prove a valid visitor status in Canada when applying. If applicants received a valid work permit within the past 12 months, they could request interim work authorization which would allow the applicant to begin working with the employer, prior to the work permit application being finalized.

This public policy extension was announced as a tool to continue to fill job vacancies within the Canadian labour market and reduce the effects of labour shortages. From the onset of Covid, Canada has done a good job of introducing public policy framework which encourages foreign nationals to join the labour market, and as of January, Canada’s unemployment rate stands low at 5% to considerable higher periods.

If you need help in obtaining your work permit, book a consultation with Brace Law to help explore available options and navigate this process together. With Brace Law, you can Consider It Handled.

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

The post IRCC Extends Policy Allowing Visitors with Valid Job Offers to Obtain Work Permits appeared first on Bracelaw.

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!

We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

The post LMIA Application – How Brace Law can assist you. appeared first on Bracelaw.