What is the LMIA Policy for 2021?

If you wish to migrate to Canada and work there, two options are available to you, one option is to apply for permanent residency and move to Canada on a PR visa after you get a job offer or to search for a job once you land in the country. The second option is to find a job and move there on a work permit.

If a Canadian employer is willing to hire you then he must get a Labor Market Impact Assessment or LMIA. A foreign worker applying for a work permit will need to have a copy of the LMIA as part of his work permit application.

What is an LMIA?

LMIA stands for labor market impact assessment. Canadian employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer to the selected employee under Immigration, Refugees and Citizenship Canada’s (IRCC) Express Entry system.

A Labor Market Impact Assessment (LMIA), is issued by Employment and Social Development Canada (ESDC).

In simple terms, LMIA certification refers to a process that serves as proof that Canadian employers are not able to recruit the right candidate to fill a specific position/role in Canada, and so the employer is allowed to hire a foreign worker.

Requirements to apply for an LMIA

Advertising requirements: The Canadian employer is required to prove that he made attempts to fill the open position with a Canadian citizen or permanent resident without success before hiring a foreign worker for the position.

The employer must have advertised all job vacancies in the Canadian job market in an attempt to find local talent for at least four weeks before applying for a LMIA.

Employment requirements: If the Canadian employer is applying for an LMIA under Federal Skilled Worker Program (FSWP) then the job offer must be permanent, full time and it should be for high skilled positions only (NOC 0, A & B).

To get an LMIA certification, the Canadian employer needs to convince the authorities that there is no Canadian eligible for the position.

 The LMIA certification serves as proof that the employer was not able to find the right candidate to fill a specific position/role in Canada and is therefore allowed to hire a foreign worker.

Information to government

Canadian employers will be required to provide a variety of information if they want to hire a foreign worker and for getting the LMIA. They will have to give details on the position they want to hire a foreign worker for, including the number of Canadians who have applied for the position, the number of Canadians who have been interviewed, and detailed explanations as to why the Canadian workers were not hired.

Processing fees and validity

Employers must pay $1,000 for each position requested which will cover the cost of processing a dual intent LMIA application. LMIAs are valid for six months from the date of issue.

LMIA types

There are two types of LMIAs

1. Temporary job offers
2. Permanent job offers

The LMIAs for permanent job offers is a two-year permit with an extension for two years.

LMIAs for temporary job offers are valid for a maximum of two years and cannot be extended.

For Temporary job offer the maximum will be 2 years and cannot be extended

The LMIA is part of the various measures to protect the interests of the local Canadian labor market and is required to ensure that employing a foreign worker will not have a negative effect on the labor market.