They have actively recruited in the Canadian labour market but have been unable to find suitable candidates.
What is Labour Market Impact Assessment (LMIA)?
The LMIA, or Labor Market Impact Assessment, is a document issued by Employment and Social Development Canada (ESDC) that is often required for a Canadian employer to hire a foreign worker when there is a shortage of suitable candidates among Canadian citizens or permanent residents. The purpose of the LMIA is to ensure that hiring a foreign worker does not hinder job opportunities for Canadian workers. Employers seeking to hire foreign workers must submit an application for an LMIA to ESDC, along with supporting documents that justify the need to recruit foreign professionals.
What does employers must demonstrate during LMIA process?
- Failure to Recruit
- Compliance with Canadian Labour Market
The salary and working conditions for the foreign worker comply with Canadian labour market norms.
- Recruitment will have Positive Impact
Hiring the foreign worker will have a positive impact on the Canadian labour market and economy.
Obtaining a positive LMIA is one of the requirements for certain types of Work Permits. If an employer receives a positive LMIA decision, the foreign worker can then apply for a Work Permit to work for that specific employer. However, there are exceptions where an LMIA is not required, such as:
- Open Work Permits
Open Work Permits, including permits for spouses/partners, graduates, refugees, and others.
- Intra-company work transfers
Intra-company work transfers within international companies.
- Youth mobility work programs
Youth mobility work programs, such as International Experience Canada (IEC) programs.
It is important to note that the LMIA process entails compliance with specific rules and requirements. Consulting a licensed immigration lawyer or consultant can provide more detailed information and assistance for specific cases.
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