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Work Permits and LMIA

Work Permits and LMIA

Work Permits

A work permit is a legal document permitting a foreign national to engage in employment while inside of CanadaEach year, Canada issues about half a million work permits to temporary foreign workers around the world. Canada is a prime destination for many foreign nationals who are seeking employment opportunities. Working in Canada is also an excellent first step for those seeking to immigrate to the country permanently.

Benefits of working in Canada

Working in Canada has many benefits. Canadian labour laws ensure that workplaces have a high-degree of safety and that all employers follow certain laws and regulations to ensure the well-being of their employees. As well, Canadian wages are competitive and foreign nationals are required, by law, to be offered wages equivalent to their Canadian counterparts.

Finally, some Canadian work permits enable the spouse and children of workers to accompany them to Canada. Another significant benefit for those interested in immigrating to Canada permanently is that by gaining Canadian work experience, a foreign national may increase their eligibility for a number of Canadian permanent residency programs. The following programs award value, in varying degrees, for Canadian work experience:

DOCUMENTS REQUIRED TO APPLY FOR CANADA WORK PERMIT VISA

Applicants should also be able to convince immigration officials that they would return to their home country after the end of their employment.

Types of work permits

If you get a job offer in Canada as a foreign national, consider it an opportunity that you cannot refuse because it can be a very beneficial move for your career and improve you and your family’s quality of life. There are two main types of work permits, under which there is also a category of work visas. You must have a work permit and work visa to immigrate to Canada for work purposes. The two work permits include:

Open Work Permit

This work permit is not a job-specific option, which means that you can work for any Canadian employer. It also exempts you from requiring a Labour Market Impact Assessment (LMIA) to qualify for a Canadian work visa.

 

Who is it for?

Eligible foreign nationals that want to work in Canada in the occupation and for the employer of their choice.

 

What Visa Programs Use Open Work Permits?

Here below are the types of work permits Canada considers to be open work permits:

What is a Bridging Open Work Permit?

This is a special work permit that lets you work in Canada while you wait for your permanent resident application results. Normally, you can qualify for this specific permit if you have applied under any of the following permanent residence programs. There are also certain requirements you must meet to apply. You must apply if you are already living in Canada, if your work permit is expiring within four months or if your work permit is still valid. You should also know that if you had any employment restrictions on your work permit, you cannot apply under PNPs. Quebec also has its own standards and does not offer a Bridging Open Work Permit to applicants!

The following programs let you apply for a bridging open work permit

Employer-Specific Work Permit

A work permit that allows foreign nationals to work for a specific employer in Canada, according to conditions and limitations detailed in the work permit. This work permit limits a foreign national to one employer at a specific location, with a duration of employment, whom they are authorized to work for and comply with. It also requires a Labour Market Impact Assessment (LMIA).

 

Who is it for?

This work permit is for anyone that wants to work for a specific employer in a set province and for a specified duration.

 

Canada operates the Temporary Foreign Worker Program (TFWP) as a means to supplement its work force when there is no qualified worker in Canada to do a job. An employer looking to hire a foreign worker in Canada often needs to submit a Labour Market Impact Assessment (LMIA) application to the Canadian government. The Canadian government employee reviewing the application must determine that the hiring of the foreign worker will have a positive or neutral effect on the Canadian labour market. Among other factors, it must be clear that no qualified Canadians were passed up in favour of the foreign worker, and that the foreign worker will be given a salary and benefits that meet federal and provincial standards.

 

The LMIA process is different depending on whether the targeted employee is classified as “high-wage” or “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above the median wage are considered high-wage.

 

Generally speaking, all employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. In addition, employers may be inspected for compliance with government regulations after their employee has begun working in Canada.

 

HighWage Workers

Employers seeking to hire high-wage workers must submit transition plans along with their LMIA application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. Proof of investment in skills training or hiring Canadian apprentices are examples of how employers can prove this. Alternatively, employers can demonstrate how they are assisting their high-skilled temporary foreign worker(s) in becoming Canadian permanent residents. If the employer is chosen for an inspect

 

Low-Wage Worker

Employers seeking to hire low-wage workers do not need to submit transition plans with their Labour Market Impact Assessment (LMIA) application. They must, however, follow a different set of guidelines. To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 20 percent on the proportion of their workforce that can consist of low-wage temporary foreign worker.

How to get an LMIA

You’ll need an LMIA from Employment and Social Development Canada (ESDC). The LMIA application process depends on the type of program you’re hiring through.

Find out how to apply for an LMIA to hire

How to hire if you need an LMIA

The Temporary Foreign Worker Program (TFWP) lets you hire temporary foreign workers to fill labour and skill shortages. Once an LMIA has been issued, you should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit.

What is LMIA?

Whenever intending to hire a foreign worker, a Canadian employer needs to justify that no pre-existing Canadian (citizen or PR) qualifies for the job vacancy available and that it can be fulfilled only by a foreign worker. It is the responsibility of every Canadian employer to procure this LMIA document (formerly known as Labour Market Opinion – LMO) before they proceed with a foreign hire.

The Employment and Social Development Canada (ESDC) is responsible for the process of assessing and verifying an offer of employment. This is primarily done to ensure that there is no negative impact on the Canadian labour market.

It is generally observed that obtaining a positive LMIA has higher chances if it is located in major Canadian cities. A specialized position with a high salary has a brighter chance of a positive LMIA.

Which are some of the best LMIA jobs in Canada?

Farm Supervisor: With animal production, horticulture, aquaculture, and grain generating over 2.3 million jobs, the agriculture sector is one on the key high revenue generation sectors of Canada. With the booming industry and Labour shortages, there is a constant need for experienced farm workers and supervisors.

Care-givers: with more individuals over 65 years of age than under 15 years, it is also estimated that more than 20 % of Canadians would be over the retirement age in another decade. This has opened up more opportunities for the care providers at home and children.

 Truck Drivers: Many key industries in Canada rely heavily on logistics support and transportation. As such, truck drivers are quite in demand in every province, making this one of the best LMIA jobs to go after.

Web Designers: The coronavirus pandemic opened the need for more online platforms as much as for specialized tech professionals, and it will only increase in the years to come as the world moves towards digitalization. Pathways such as the Global Talent stream allow for expediting work permit processing for specialized professionals.

The Process of Labour Market Impact Assessment

Documents required for an LMIA application:

LMIA application(s) can be different depending on the type of business/industry, business location, and the foreign worker they are looking to hire. Following is a generic checklist for reference. The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc.

Provincial documentation requirements

British Columbia: Employment Agency License (British Columbia’s Employment Standards Act) if applicable

Alberta: Employment Agency Business Licence (Alberta’s Fair-Trading Act) if applicable.

Manitoba: Certificate of Registration (Manitoba’s Worker Recruitment and Protection Act).

Saskatchewan: Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required however; employers must be registered).

Nova Scotia: Employer Registration Certificate (Labour Standards Code).

To read more on the hiring process in the Quebec Province please go through the link Click here

Options for your spouse or common-law partner

If they plan to work in Canada

 In some cases, your spouse or common-law partner may be able to apply for an open work permit that will let them work for any employer. If they’re not eligible for an open work permit as your spouse or common-law partner, they must be eligible for another type of work permit. This could include their employer getting a labour market impact assessment.

If they don’t plan to work in Canada

If your spouse or common-law partner doesn’t plan to work, they may apply to come to Canada with you as either a

Options for your dependent children

Your dependent children may also apply to come with you to Canada as either a

Why Hire us?

Navigating the Canadian immigration system can be a bit of tedious, with 70+ immigration programs to sift through, a copious number of forms and documents to complete and strict submission dates, the process can become very complicated and stressful. But that’s what we’re here for. Our experienced immigration consultants provide complete documentation assistance and make this painstaking procedure simple and easy. We also provide guidance for those of you who have a confusion in the type of permit applicable to you.

Reach out to us for more information and a golden opportunity to work in Canada