What is LIMA?

LMIA or Labour Market Impact Assessment is a type of confirmation issued by Employment and Social Development Canada (ESDC). This confirmation allows employers to hire foreign workers. Essentially, LMIA enables employers to demonstrate that:

There is a genuine need for foreign workers.
This hiring will not have a negative impact on the Canadian job market.

To apply for LMIA, employers must provide comprehensive information, including details about the job, wages and working conditions, current labor market exchange, and efforts made to hire domestic workers. After reviewing this information by ESDC, a decision is made regarding the issuance or non-issuance of LMIA.

LMIA is necessary for some immigration programs, such as the Temporary Foreign Worker Program (TFWP). However, for some other programs like the Canadian Experience Class (CEC), LMIA is not required.

Occupations Exempt from LMIA Requirement

Occupations exempt from the need for LMIA approval can be related to specific conditions under various circumstances. Some of these conditions include:

Express Entry System: In this system, if an individual has worked full-time for at least one year with a valid work permit for a specific employer and meets other conditions such as having a valid job offer and a valid work permit, they likely do not need LMIA.

International Agreements: If an individual works under one of the international agreements such as International Agreements, Federal-Provincial Agreement, or Canadian Interest Group Agreement, they may not require LMIA.

Inter-Governmental Agreements: Some large-scale investment projects are carried out under inter-governmental agreements which may exempt them from the need for LMIA.

Canadian Interests: In some cases, if an individual can prove that their presence brings significant social, cultural, or economic benefits to Canada, they may not need LMIA.

Ministerial Designated Occupations: Some specific occupations designated by the Minister may exempt individuals holding these occupations from requiring LMIA.

Religious and Charitable Occupations: In some cases, charitable and religious activities may be exempt from the need for LMIA if the individual has the ability to teach and share religious beliefs as required by the employer.

In any case, to ensure exemption from LMIA, it is best to carefully review the relevant criteria and conditions. Pars National’s specialized consultants are ready to guide and assist you.

Other Work Visas

Conditions for Obtaining LMIA Canada:

Obtaining a Labour Market Impact Assessment (LMIA) from the Canadian Department of Employment and Social Development is an important process for employers to ensure that hiring foreign workers will have a positive or neutral impact on the Canadian job market. Conditions that employers must adhere to for obtaining LMIA include:

Having a legal business that provides goods or services to people.
Being able to provide wages and benefits commensurate with federal and provincial standards to foreign workers.
Demonstrating a genuine need for foreign workers, meaning that local workers are not readily available.
Within the 12-month period prior to applying for LMIA, employers must not have terminated their employees due to lack of need for them.

Additionally, to obtain a positive LMIA, the following are also necessary:

Hiring a foreign worker will have a positive or neutral impact on the Canadian job market.
No qualified Canadian has been disregarded for employment due to hiring a foreign worker.
The foreign worker receives wages and benefits in accordance with federal and provincial standards.

Failure to meet these conditions may result in a negative LMIA outcome, and as a result, the employer may not be able to utilize foreign labor.

Minimum Requirements for Successful LMIA Approval in Canada:

Selecting the Appropriate NOC Code: Employers must choose the correct NOC code for the desired job, accurately reflecting the duties and required skills. Inconsistency between the NOC code and job description can result in LMIA application rejection.

Sufficient Advertising and Job Postings: Employers must publish government-approved job advertisements to search for Canadian workers. At least one of these advertisements must be placed on government-approved websites.

Providing Complete Documentation: Employers must submit complete documentation to the Department of Employment and Social Development Canada, including filling out government forms and providing required documents. Any errors or omissions can lead to LMIA application rejection.

Demonstrating Financial Capacity: Employers must demonstrate their ability to pay wages and benefits in line with federal and provincial standards to foreign workers.

Proving Genuine Need for Foreign Workers: Employers must demonstrate that domestic workers are unable to perform relevant tasks and job requirements can only be met by hiring foreign workers.

By adhering to these guidelines, the chances of success in the LMIA application increase, and employers can easily obtain the necessary authorization to hire foreign workers.

Steps to Obtain a Work Permit in Canada Based on LMIA Confirmation

Long-Term Planning: Before converting a tourist visa to other types of visas, carefully consider your long-term planning. Ensure that your next steps are chosen reasonably and in line with your personal and professional goals.

Complete Information: Before converting a tourist visa, thoroughly review the information related to the desired visa type and make sure you have all the necessary documents and requirements.

Successful Entry to Canada: The possibility of converting a tourist visa to other visas is only feasible upon successful entry into Canada and meeting the necessary conditions. Therefore, make sure you have successfully entered Canada before attempting to convert your tourist visa.

Readiness for Changes: Converting a tourist visa to another visa type may be time-consuming and complicated. Therefore, you must be prepared to face changes and various adjustments.

Professional Consultation: You can always seek professional immigration consulting services to seek advice on your next steps in Canada and ensure that your decision is optimal.

By adhering to these guidelines and careful planning, you can make the best decision regarding converting your tourist visa to another visa type and take advantage of the opportunities available in Canada.

1- Employer Application for LMIA Confirmation:

First, the Canadian employer must apply to the ESDC organization in Canada to obtain LMIA confirmation. This application is made to demonstrate the need for hiring foreign workers for the intended job, as no Canadian citizens or permanent residents are available for the position.

2- Job Offer from the Employer:

After receiving the LMIA confirmation, the Canadian employer can offer you temporary employment as a foreign worker. At this stage, the employer must send you a copy of the LMIA confirmation along with a job offer letter and employment contract.

3- Applying for a Work Permit by the Foreign Worker:

Upon receiving the necessary documents from the employer, you need to submit your application to IRCC to obtain a work visa for Canada or a work permit.

4- Issuance of Work Permit:

If you intend to work in Canada, you must carefully prepare the necessary documents and go through the process of obtaining a work permit. Also, remember that a temporary work permit is issued only for a specific job under a specific employer in Canada. If you find a new job or seek to upgrade your status to permanent residency in Canada, you will need to obtain a new work permit. Additionally, for permanent residency in Canada, you must apply through one of the immigration programs such as Express Entry or Provincial Nominee Programs (PNP).