LMIA Based Work Permits
LMIA Based Work Permits
What Is LMIA (Labour Market Impact Assessment)
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact that the hiring of a foreign worker will have on the Canadian labour market.
In order to hire a foreign worker, an employer must first apply for and receive a positive LMIA from ESDC. The process involves submitting a detailed application, which includes information about the job, the employer, and the foreign worker being hired, as well as demonstrating that there is a need for the foreign worker that cannot be met by Canadian citizens or permanent residents.
A positive LMIA is issued when ESDC determines that the hiring of a foreign worker will have a positive or neutral impact on the Canadian labour market. A neutral LMIA means that there is no significant impact on the labour market whether positive or negative.
A negative LMIA, on the other hand, is issued when ESDC determines that the hiring of a foreign worker will have a negative impact on the Canadian labour market. In such cases, the employer will not be able to hire the foreign worker.
An ineligible employer is an employer who does not meet the criteria to apply for a LMIA, for example if they have a history of non-compliance with the immigration and labour laws, have unpaid fines, or have been found to have provided false or misleading information on a previous LMIA application.
LMIA Based Work Permit
In the Canadian immigration system, a Labour Market Impact Assessment (LMIA) is a document that is issued by Employment and Social Development Canada (ESDC) to confirm that there is a need for a foreign worker in a specific job, and that no qualified Canadian citizen or permanent resident is available to fill the position.
A LMIA-based work permit is a type of work permit that is issued to foreign workers who have obtained an LMIA from ESDC. This permit allows the worker to work in Canada in the specific job for which the LMIA was issued. The worker must have a valid job offer from a Canadian employer who is willing to hire them.
The LMIA process requires the employer to demonstrate that they have made efforts to recruit Canadian citizens and permanent residents for the position and that no qualified candidates were available. LMIA application process also includes a fee for the employer.
LMIA based work permit is usually used for higher skilled jobs and or in-demand jobs where the employer cannot find Canadian citizen or permanent resident to fill the position.
It is important to note that this type of work permit is employer-specific and location-specific, meaning that the worker is only authorized to work for the specific employer and in the specific location for which the LMIA was issued. If the worker wants to change employer, they need to apply for a new LMIA and new work permit.
Benefits Of LMIA Based Work Permit
There are several benefits to obtaining a Labour Market Impact Assessment (LMIA)-based work permit in Canada:
- In the Canadian immigration system, having a Labour Market Impact Assessment (LMIA)-based work permit can help to increase an individual’s points in certain immigration programs.
- Pathway to Permanent Residency: Obtaining a LMIA-based work permit can be a step towards obtaining permanent residency in Canada. You get extra points in Express Entry System. The Canadian Experience Class (CEC) program, for example, is one immigration option for foreign workers who have obtained a LMIA-based work permit.
- Work in in-demand job: LMIA based work permit is used for higher skilled jobs and or in-demand jobs where the employer cannot find Canadian citizen or permanent resident to fill the position. This means that the worker is able to work in an occupation that is in high demand in Canada.
- Increase earning potential: Foreign workers with LMIA-based work permits may be able to earn more than they would in their home country, which can help to improve their standard of living.
- Enhance career growth: LMIA-based work permit allows foreign workers to gain valuable work experience in Canada, which can help to enhance their career growth and increase their chances of finding employment in the future.
- Access to Canadian benefits: Foreign workers with LMIA-based work permits are eligible for many of the same benefits as Canadian citizens, such as healthcare coverage, unemployment insurance, and pension plans.
- Family sponsorship: Some LMIA-based work permit holders are eligible to sponsor their families to come to Canada as well.
It’s important to note that obtaining a LMIA-based work permit is not a guarantee of permanent residency, and that the worker must meet all the requirements of the immigration program they are applying for. But it can be a step in the right direction towards Permanent Residency.
Reasons For LMIA Based Work Permit Refusals
There are several reasons why a LMIA-based work permit may be refused, including:
1. The employer did not demonstrate a genuine need for the foreign worker.
2. The employer did not make sufficient efforts to recruit Canadians or permanent residents for the job.
3. The foreign workers qualifications or experience do not match the requirements of the job.
4. The wages and working conditions offered to the foreign worker are not consistent with those offered to Canadians or permanent residents in similar jobs.
5. The employer has a history of non-compliance with immigration laws or regulations.
If your LMIA-based work permit application is refused, you have the option to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). However, it is important to note that the IAD does not usually overturn decisions unless there is a significant error of law or fact. If the appeal is rejected, you can reapply with new documents or new information.
You may also want to consult with a lawyer or an immigration consultant for further advice.