Labour Market Impact Assessment (LMIA)
In Canada, under the Temporary Foreign Worker Program (TFWP), an employer must first get approval from the Canadian government to hire a foreign worker. This is done through a Labour Market Impact Assessment (LMIA), which assesses the impact of hiring foreign workers in Canada.
The LMIA is a way for the government to ensure that bringing in foreign workers will not negatively affect the Canadian labour market, and that qualified Canadian workers are given priority to jobs in the market.
A positive LMIA indicates that there is a need for a foreign worker and that no Canadian citizen or permanent resident (PR) is available to do the job. A negative LMIA indicates that the position should be filled by a Canadian citizen or PR.
Our Lawyers Specializing in Immigration are Ready to Help You
An employer seeking a temporary foreign worker (TFW) must submit the LMIA application, not the foreign national. Employment and Social Development Canada (ESDC) is the governing body for LMIA applications who issues the relevant documents. The application can be submitted up to six months before the start date of the position and once issued, a positive LMIA is valid for six months from the date of issue.
The LMIA application procedure varies depending on the wage of the worker. Whether the worker is paid under or above the provincial/territorial median wage determines if they are a low or high-wage worker. Low-wage positions require the employer to meet additional criteria in the application process.
Once the LMIA application is reviewed, the employer will be issued a decision from ESDC. If they receive a positive LMIA, the employer can proceed with hiring the foreign national. The foreigner will then be able to apply for a work permit or permanent residence (depending on their circumstance). If the LMIA is negative, the employer is not approved to hire a foreign worker for the position.
How Titan Law Can Help
Titan Law’s legal team is comprised of highly knowledgeable and skilled immigration lawyers, who have helped with hundreds of LMIA applications. We are a local immigration law firm, located in Vancouver, BC and are proud to have the best LMIA lawyers in Canada. We are experts in this area of law and would be happy to assist you with the LMIA process, whether you are an employer or employee.
The system can be complicated and overwhelming to navigate, and the application forms must be filled out accurately or are otherwise returned. If you are in need of assistance, our LMIA immigration lawyers are ready to be your legal guide and help you settle and work in Canada.