LMIA: What You Need To Know To Bring Foreign Workers To Alberta
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LMIA: What You Need To Know To Bring Foreign Workers To AlbertaJeff Kahane2021-01-20T18:07:32+00:00
Immigration Lawyers To Make LMIA Applications Easy For You!
Labour Market Impact Assessments
Under Canadian immigration law, a Labour Market Impact Assessment, or LMIA for short, is required for a foreign worker to start working in Canada. Each province, Alberta included, may have specialized foreign worker programs but a LMIA is usually one of the key documents required. Getting an LMIA is not only important but it can be tricky. The immigration law team at Kahane Law Office in Calgary, Alberta will make this process easier for you. Call today: 403-225-8810.
What is an LMIA?
An LMIA is a an assessment that supports the hiring of a foreign worker. Canadian policy is to make sure that foreign workers do not take job opportunities away from a Canadian. The Labour Market Impact Assessment, asses the needs for workers in a specific field. Only if there are not suitable Canadian candidates, can an employer hire a foreign worker. Once you
have one, the potential employee needs a copy and we can then help them apply for their work permit.
Bring A Foreign Worker to Canada
An employer will need to complete and submit a LMIA application with all its supporting documents to Service Canada. The approval process can take approximately 3 to 6 months from the moment the application has been received by Service Canada, to the date the foreign worker starts working for the employer in Canada.
It is recommended the employer applies for an LMIA pre-approval through Service Canada. On the application forms employers need to indicate that the application is a request for pre-approval by leaving the foreign worker information blank. If employers are planning to hire more than one foreign worker with the same job description, they will only need to submit one LMIA application form.
The employer does not need to have the names of the foreign workers available at the moment of applying for the LMIA. The only information that is required is the job description of each occupation for which they are planning to hire a foreign worker. It takes approximately 12 weeks to obtain a pre-approval and employers have 6 months from the date of approval to recruit and bring foreign workers
Work Without LMIA
Most individuals applying for a work permit in Canada need a LMIA. Certain jobs do not, however, require employers to obtain a positive LMIA before hiring foreign individuals, provided they meet certain criteria. Although the prospective employer does not need to obtain a positive LMIA before hiring a foreign individual, the person may be required to obtain a work permit before starting work. Exemption from LMIA does not mean exemption from a work permit.
Sections 204 to 208 of the Immigration and Refugees Protection Regulations (IRPR) provide a full list of LMIA-exemptions.
Who Applies For An LMIA?
While it is in an potential foreign workers best interest to have an LMIA for an employer, it is the employer who requires it. In order to save time and money, the first step for an employer is to determine if they require an LMIA. There are specific exemptions that will allow certain people to be hired without this step in place.
Most exemptions for LMIAs are based around the International Mobility Program. This program allows for certain people to come to Canada to work in a more streamlined process. Examples of people who can work in Canada without an assessment include:
The husband, wife, partner of highly skilled foreign workers
Canadian university international student graduates
People covered under NAFTA / other free trade agreements
IEC (International Experience Canada) program members
Jobs providing a significant cultural, economic or social benefit to Canada;
Positions that fall under international trade agreements;
Intra-company transferee in a multinational company; and lastly
Skilled worker with proficiency in French.
Jobs for foreign nationals in Canada with permanent residence applications pending
Certain foreign nationals currently in Canada are eligible for a work permit to bridge the gap between the expiration of their current work permit and the final decision on their application for permanent residence. They must have applied for permanent residence under one of the following classes:
Federal skilled worker class (FSWC);
Canadian experience class (CEC);
Federal skilled trades class (FSTC);
Provincial nominee class (PNC), for applicants for whom there are no employer restrictions on nominations; and laslty
Caring for children class or caring for people with high medical needs class (For APRs submitted before June 18, 2019).
How To Apply For LMIAs In Canada
Call us. While some employers will make the applications on their own, the process is not always straight forward. By allowing our firm to make the application for you, you are able to focus on your business. Many employer applicants come to us after they months of frustration caused by the process and / or upon notice of an application rejection. This all said, sometimes a person can work without an LMIA. Learn more here about those situations and see how you qualify.
Flat Rate Fees For Market Impact Assessment Applications
We believe that most people want to know what their legal fees will be before they hire a immigration lawyer or law firm. We know our business and all the steps and procedures required in the process. This knowledge allows us to give you a firm quote for making the application for you. Exceptional service and peace of mind is something that our clients value.
Just A Phone Call Or Email Away
We can start the application process for an LMIA right away. Call our free Canadian immigration lawyer line or email us today. The fastest way to reach us is by sending an email. If you prefer to talk to someone live, call us 1-877-225-8817 today! You can also reach us locally in Calgary at 403-225-8810 or in Edmonton: (780) 571-8463.