LMIA work visa

LMIA work visa

LMIA background introduction:

In order to meet the demand for talents in Canada, ESDC (Employment and Social Development Canada) has opened the Temporary Foreign Worker Program. Under TFWP, LMIA (Labour Market Impact Assessment) is a temporary foreign worker employment consent form issued by ESDC to employers. Before hiring a foreign worker, employers must submit an employment application to ESDC through the Service Canada Centre to assess whether hiring a foreign worker will have a positive or negative impact on Canada. In addition, employers need to demonstrate to ESDC that there are no suitable Canadian workers for the position and that foreign workers are required to fill the vacancies.

The significance of LMIA to those in need of immigration is mainly two-fold. On the one hand, for overseas personnel who cannot obtain work visas through other channels, LMIA allows them to gain local work experience in Canada, which is a necessary condition for some immigration paths (for example, Canadian Experience Class). On the other hand, applicants with LMIA can have an additional 50 points (200 points for senior managers) when immigrating through the federal EE system. The LMIA for the purpose of bonus does not need to pay the government fee, and the LMIA used for the temporary work permit needs to pay a fee of 1,000 Canadian dollars to the government.

LMIA application process

Job posting requirements:
1) Posted on the Government of Canada's Job Bank

· The job posting must be continuous and last for more than four weeks. The job posting must
be three months before
the employer applies for the LMIA. The job posting must be continuous before the employer gets the LMIA.

2) Recruiting positions using more than two additional methods ( employers may choose one or more similar methods:)

· Print Media: Newspapers, job boards, magazines

· Recruitment website (workopolis, monster, etc.)
recruitment must be published three months before the employer applies for LMIA

· Recruitment must continue to be posted until the employer receives the LMIA: The posting must include:

·

1. Company operating name

2. office address

3. position Name

4. job responsibilities

5. Employment period

· Salary – Minimum wage required

6. Company benefits

7. work place

8. Company contact information: mobile phone, landline, e-mail, fax number, mailing address

9. Skill requirements (including education and work experience)

· salary requirements

10. Query by Unionized position clause

11. Check the average salary standard through Job Bank, or through the provincial and domestic salary standard

12. Look at the salaries of other employees in the same position and the same place of work

· LMIA PACKAGE

13. Fee: 1,000 x number of positions=total payment

14. Working language restrictions: English & French (unless it can be demonstrated that another language is required for work)

15. Employers are required to certify that employees have completed all required qualification training
Business License or Documentation

16. Employers are required to provide photocopies of the following:

· Letter of appointment (with signatures of employer and foreign worker)

· Recruitment certificate (place, time, and duration of the job posting)

· Company business registration and legal company certificate (for first-time LMIA application)

· Provincial/Territory/Municipality business license (for first-time LMIA application)

· Canada Revenue Agency (CRA) documents containing

· T4 form for salary payment (as of the most recent year)

· PD7A Statement of Account for current source deductions (one full year before LMIA application)

· Schedules 100 and 125 – T2 Corporation Income Tax Return (two most recent tax returns)

· T2125 Statement of Business or Professional Activities (for sole proprietorships/partnerships only – 2 most recent returns filed)

· Commercial lease agreement (if available)
Provincial documentation requirements