Once upon a time, LMIA was known as LMO (LMO). After receiving LMIA approval from Service Canada, the business may hire a TFW (TFW). A successful LMIA is required before an international candidate may be hired by the firm. Under LMIA, hiring a citizen or permanent resident of Canada takes precedence over hiring a foreign national. For a corporation to get a positive lmia based work permit, they need to prove that they made many efforts to recruit for the position by posting ads in multiple areas, conducting in-person interviews with potential candidates, and providing explanations for why those candidates were ultimately rejected. This blog is written with the intention of educating business owners who are thinking about hiring an international employee.
Service Canada is in charge of LMIA. Results might be both good and bad.
Because of a temporary labour or skill shortage, a positive LMIA proves that no Canadians or permanent residents are willing or able to carry out the task. An approved LMIA and supporting documents are required before an employer may provide a work visa to a temporary foreign worker.
If the LMIA comes out negative, then it signifies that Canadians or permanent residents are accessible and willing to do the task. Because of this, the employer will be unable to hire the foreign worker, and the worker will be unable to work in the country without first obtaining a work visa.
The LMIA might end up neutral.
Absent a fully-completed LMIA application, processing times will be prolonged. If you don't provide the correct paperwork, don't respond to the Officer's queries within the allotted time, or if the job offer doesn't look authentic, your application might be delayed or even refused.
An LMIA is...
The majority of companies won't hire a TFW without first seeing a satisfactory LMIA. An LMIA is not required for several professions.
The TFWP allows businesses to hire workers from outside the country. Employers may also find a qualified foreign worker in Canada, such as an employee whose contract is about to expire. A foreign worker who is hired by a firm with an LMIA is eligible to apply for a work visa in Canada.
Conformity with the LMIA
Employers must provide evidence of the following for the LMIA to be considered acceptable:
The company made little progress in its efforts to employ Canadians or permanent residents;
The job offer presented to the foreign national is legitimate;
The skills, education, and experience of the temporary foreign worker have been verified by the employer;
The temporary foreign employee is compensated fairly by the company;
All labor laws and collective bargaining agreements are upheld here.
Foreign workers who were hired temporarily in the past have been extended employment offers, if applicable.
After submitting an LMIA application, how long does it take to hear back?
There are no established time limits for reviewing LMIA applications. Awaiting a response to an application might take weeks or months. Processing timeframes for LMIA applications vary by stream and area in Canada.
Once LMIA is used, it must be renewed.
The temporary foreign worker is required to apply for a work visa after a positive LMIA test. There is a difference between the LMIA application and the work visa for a temporary foreign worker.
LMIAs expire. Before this date, CIC or CBSA must receive your work visa application. If a prospective temporary foreign worker applies for a work visa after the LMIA has expired, the application will be rejected, and the worker will not be able to work for the company. You will not be able to apply for a work visa with an LMIA that has already expired. You'll need to submit a new LMIA application and, if successful, a new work permit application.
Employers may gain from hiring foreign staff.
Canada's Temporary Foreign Workers Program is often used to hire foreign workers to meet temporary needs. Foreign workers hired on a temporary basis may be eligible for permanent residency if they meet the requirements.
An organization might gain from having a foreign worker who is temporarily hired become a permanent resident. This is especially important if the company has problems locating a qualified foreign worker with the necessary training, skills, and experience prior to obtaining a legal LMIA. Employers don't need to reapply for an LMIA each time a temporary worker becomes a permanent resident of the country.
The TFWP helps with short-term staffing needs. If there are changes in the Canadian job market, the company may no longer be able to get a favorable LMIA for the position. The company cannot extend the offer of employment to the foreign worker without a current LMIA. The foreign worker who is here legally for a limited time will be forced to leave Canada.
