Are you ready to explore the exciting world of hiring foreign workers in Canada? Well, you are in for a treat! Labour Market Impact Assessments (LMIAs) are essential documents for Canadian employers looking to hire temporary foreign workers. Assessments determine if a foreign worker is beneficial to the Canadian labor market. LMIA-exempt jobs offer more exciting opportunities for employers looking to expand their workforce without the need for additional documentation.
Employers typically need an LMIA to hire foreign workers, unless they are eligible for an exemption. The LMIA confirms that the employer can hire a foreign worker when it is approved. A positive LMIA is sometimes called a confirmation letter.
When applying for a work permit in Canada, a foreign national must ensure that their LMIA is valid. If a foreign worker’s initial LMIA expires but an employer seeks to extend their permit in Canada, a new LMIA will be required before the employee can apply for another work permit or a work permit extension. When an employer applies for a new LMIA, Employment and Social Development Canada (ESDC) will begin the assessment process again and treat the situation as a new application. As part of this new application, EDSC will have the opportunity, if necessary, to ensure there are still no Canadian citizens or permanent residents available to fill the position of a temporary foreign worker.
Entrepreneurs do not require an LMIA to apply for a work permit in Canada. However, foreign nationals coming to work in Canada as entrepreneurs must prove that the business they intend to operate in Canada will either create or maintain significant social, cultural, or economic benefits, or maintain or create jobs for Canadian citizens or permanent residents.
Although Canadian Experience Class (CEC) candidates do not require an LMIA to be eligible for this economic immigration program, it may be beneficial for these candidates, and all Express Entry candidates generally, to still obtain an LMIA from their employer. A valid job offer supported by an LMIA will enable the candidate to earn additional Comprehensive Ranking System (CRS) points as an Express Entry applicant.
Recently, the validity period of each LMIA returned to the pre-pandemic standard of six months. Previously, LMIAs were temporarily valid for 12 months during the COVID-19 pandemic. The change will take effect on May 1, 2024.
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