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LABOUR MARKET IMPACT ASSESSMENTS (LMIA)

What Is A Labor Market Impact Assessment?

A Labor Market Impact Assessment (LMIA) is best prepared with the assistance of your Edmonton immigration lawyer.  The LMIA is basically a document that employers need before they can hire foreign workers in Canada.

A positive LMIA acts as a confirmation letter that indicates that there is a gap in the market which justifies the need to hire a foreign worker to fill the job as no Canadian worker is available to do so. The employer has to contact the Employment and Social Development Canada (ESDC) which will then provide details on the application process.

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As an Employer, How Do I get Pre-Approval?

It is advisable to get pre-approval before recruitment in order to hire or recruit foreign workers. Talk to your immigration lawyer.  The application form may be prepared for pre-approval before hiring foreign workers given the large number of foreign workers being recruited into Canada.

Once the application has been filed there are further steps to be completed.  You can recruit foreign workers only when the pre-approval request has been approved.

What Happens Next?

If all goes well, then once you have recruited foreign nationals and have all the necessary information about them, a positive LMIA will be awarded to successful candidates. In such cases, you are required to meet the conditions of the foreign worker application forms.  Employment contracts may be involved.

If the Service Canada Center has refused the pre-approval request, then do not recruit any foreign nationals. If you want to appeal the decision, you may submit new information that may affect the final decision made by the Service Canada Center. Your lawyer can help you with this as well.

Once the positive LMIA has been awarded, certain “next steps” are involved.  Again, your Edmonton immigration lawyer is essential to this work permit process.

In What Instances Is the LMIA Exempted?

If you are hiring foreign workers through the International Mobility Program, then you may not need to have an LMIA.  In such cases the following foreign workers may be exempt from LMIA, but have to apply for a work permit nevertheless:

  • Workers under International Agreement – Professionals, Investors, Traders.
  • People Taking Part in Exchange Programs.
  • Spouses – Spouses and common-law partners of certain skilled foreign workers, foreign full time students, and Family Class sponsored spouses and common-law partners.
  • Workers Eligible for Work Permit through Territorial Agreement.
  • Workers Nominated by Province for Permanent Residence – (AINP) in Alberta.
  • Academics, Co-op Students and Religious Workers.
  • Workers Transferring Within a Company.
  • Industrial and Commercial Equipment Repair Personnel.
  • People Working in Canada who have Applied for PR through Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

Should I Get An Immigration Lawyer?

Yes you should seek legal advice from an immigration lawyer, especially as an employer with extensive recruitment plans. These are complicated matters that can be simplified with the help of experienced counsel.

With the help of Yasmeen Nizam, you can get help from start to finish of the process and maximize your chances for success.  She has over 10  years of experience in these matters!

Yasmeen can also assist potential workers in seeking work permits.

Call Edmonton Immigration Lawyer Yasmeen Nizam Today!