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LMIA

Overview


Countries’ Government grants permission which allows a non-citizen to legally work in that country which is called a work permit. Working in another country is a great experience, opens door to new opportunities and looks very impressive on your CV along with adding value to it. There are various kinds of work visas that can be attained depending on the qualification and immigration situation of the candidates.

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Here are the basic eligibility requirements for obtaining your temporary work permit.

  • You are currently living in Canada/Temporary resident Permit( Valid for 6 Months)
  • You have a valid study, or work permit or your spouse or parents have a valid study or work permit
  • Canadian College or University Graduation

LMIA


Labour Market Impact Assessment (LMIA) is a document that is required by an employer in Canada to get before hiring foreign nationals. Under the TFW ( Temporary Foreign Worker) program, foreign nationals need an LMIA to work in Canada. LMIA document is required to determine the need to hire a foreign worker and its impact. The objective is to assess whether sufficient efforts have been performed to find an adequate worker within Canada otherwise, there is no Canadian citizen or permanent resident to fill this job. Employment and Social Development Canada (ESDC) decide on the issuance of LMIA. ESDC assesses LMIA application based on these factors:-

01

• Effect of hiring foreign workers on the Canadian labour market
• Foreign workers have the right skill set to fill the job role.
• Is there any permanent resident or citizen available to fill this position
• The hiring of foreign workers is helping the economic growth of Canadians and is in the best interest.
• The perks, salary and working environment and aspects of an employee's terms and conditions of employment are under the federal and provincial norms.

  •  +1 (647)382-2239

TWF Program


The TFW program enables Canadian employers to hire foreign workers with skills and talent they require. Under the TFW program, there are 4 streams in which temporary foreign workers may hire:-
  • High-Wage Workers
  • Low-Wage Workers
  • Seasonal Agricultural Worker Program (SAWP)
  • Agricultural Stream

This program is determined by the wages given to the temporary foreign worker for a given job. An employer must apply TFWP stream and fulfill the below condition for applying for LMIA.

  • Most offer the foreign workers will be paid wages equal to or above the medium hourly wage of the province/territory
  • Must submit a transition plan with the application to disclose plans to reduce dependency on foreign nationals over time. 

If an employer hires a temporary foreign worker on wages paid less than the median hourly wage of their province/ territory then the employer must apply through the TFWP stream for low-wage workers. 

The employers seeking to hire foreign workers on a low-wage program does not require to submit transition plans with their LMIA application but have to fulfill the following requirements.

The employer is required to provide an employer-employee contract. 

The employer is required to provide adequate private health insurance to the temporary foreign workers until the worker is eligible for provincial health coverage.

The worker must be registered with the workplace safety board of the province/territory.  

Employer is responsible for providing round-trip transportation costs to the temporary foreign workers. 

For an employer to hire employees under the low-wage worker program there is a capping on the number of temporary foreign workers.

The Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers (TFW) in their agricultural production. The maximum period of the work permit is (8month) at a time. 

Under the Seasonal Agricultural Worker Program (SAWP) employers must meet the below conditions to hire employees:- 

  • Farm production has to be in specified commodities only. 
  • The worker employed must be a citizen of Mexico or the participating Caribbean.  
  • The activity must be on-farm primary agriculture.  
  • The work must fulfill the work laws in their home country as well.

 

How To Apply For LMIA Under The Temporary Foreign Worker Program Permit To Canada? 

To attain LMIA under the Temporary Foreign Worker Program there is a procedure in which the employer gathers all the required documents and submits them along with the LMIA request. After the LMIA request is submitted the ESDC evaluates the application in the interest of the Canadian labour market. ESDC then gives the approved LMIA to the employer. For the additional processing, the employers give a copy of LMIA to the worker. With all the other required documents the worker then applies for IRCC for the work permit. 

To attain LMIA under the Temporary Foreign Worker Program there is a procedure in which the employer gathers all the required documents and submits them along with the LMIA request. After the LMIA request is submitted the ESDC evaluates the application in the interest of the Canadian labour market. ESDC then gives the approved LMIA to the employer if approved. For the additional processing, the employers give a copy of LMIA to the worker. With all the other required documents the worker then applies for IRCC for the work permit.

A collection of work permit streams with the objective of checking and bringing the high-skilled foreign nationals to Canada on temporary work permits to fill specific labour needs. The stream is a part of TFWP and is a joint program run in partnership with IRCC (Immigration, Refugees and Citizenship Canada) and ESDC (Employment and Social Development Canada). 

In order to be eligible for the Global Talent Stream, a Canadian employer must fit into any one of the two categories of the program offered:

Steam’s Designated Partner Referral

To be eligible under this category,  the Canadian employer must refer a company to hire unique and specialized talent for the growth of the company.

Designated Partners - Global Talent Stream
Atlantic Canada Opportunities Agency
BC Tech Association
Burlington Economic Development Corporation
Business Development Bank of Canada
Canadian Economic Development for Quebec Regions
Cape Breton Partnership
City of Brampton
City of Hamilton's Economic Development Office
City of Mississauga
Communitech Corporation
Council of Canadian Innovators
Economic Development Winnipeg
Edmonton Economic Development
Federal Economic Development Agency for Southern Ontario
Genesis (Newfoundland)
Global Affairs Canada's Trade Commissioner Service
Government of Alberta, Alberta Labour
Government of British Columbia, Ministry of Jobs, Trade and Technology
Government of Manitoba, Manitoba Education and Training
Government of Nova Scotia, Nova Scotia Business Inc.
Government of Ontario, Ministry of Citizenship and Immigration – Ontario Immigrant Nominee Program
WindsorEssex Economic Development Corporation
Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office
Government of Prince Edward Island, Island Investment Development Inc.
Government of Saskatchewan, Ministry of the Economy
Halifax Partnership
Tech Manitoba
Innovation, Science and Economic Development Canada - Accelerated Growth Service
Invest Ottawa
Invest in Canada
Kingston Economic Development Corporation
Launch Academy
London Economic Development Corporation
MaRS Discovery District
National Research Council - Industrial Research Assistance Program (NRC-IRAP)
Privy Council Office, Special Projects Team
Regional Municipality of Niagara
Regional Municipality of York
Sarnia-Lambton Economic Partnership
Toronto Global
Town of Oakville
Vancouver Economic Commission
Venn Innovation
Waterloo Region Economic Development Corporation

The Bridging Open Work Permit (BOWP)


The Bridging Open Work Permit (BOWP) allows foreign nationals who are currently working in Canada on an authorized work permit to extend their status while waiting for a conclusion on their permanent residency application process. The BOWP enables the applicant to work for a Canadian employer without the requirement for a Labour Market Impact Assessment (LMIA).
Eligibility For A Bridging Open Work Permit (BOWP)
A foreign national must meet the following condition in order to be eligible for the BOWP:
• Currently living in Canada with valid temporary resident status
• Hold a valid work permit with valid temporary resident status
• have applied to renew their work permit and are on maintained status in Canada
• are eligible to restore temporary resident status with authorization to work on a work permit in Canada.
• Has applied as a principal applicant in one of given Canada's permanent resident classes:
a) Federal Skilled Worker Program (FSWP)
b) Provincial Nominee Program (PNP)
c) Caregiver Class
d) Agri-Food Pilot (AFP)
e) Canadian Experience Class (CEC)
f) Quebec Skilled Worker Class (QSWC)
g) Federal Skilled Trades (FST)
• Have passed the section R10 completeness check for an QSWC application or Express Entry application or
• Received a positive assessment after applying under an application in :
• Non-express entry PNP stream
• Looking after children's class
• Looking after people with High Medical Need Class, Agri-food Pilot

 

International Experience Canada (IEC) Program 

 

International Experience Canada (IEC) is a set of programs given to young people (youth) between the age of 18-35 years, citizens of a particular partner country or the ones who are applying through a recognized organization to travel to Canada to live and work temporarily.  Work permits issued within this category are exempt from a Labour Market Impact Assessment (LMIA).

 

National Occupations Classification (NOC) code

Occupation title

213

Computer and information systems managers

2147

Computer engineers (except software engineers and designers)

Sub-set of 2161*

Mathematicians and statisticians
* Positions for actuaries or related occupations are excluded from this subset.

2171

Information systems analysts and consultants

2172

Database analysts and data administrators

2173

Software engineers and designers

2174

Computer programmers and interactive media developers

2175

Web designers and developers

2281

Computer network technicians

2283

Information systems testing technicians

Sub-set of 5131**

Producer, technical, creative and artistic director and project manager – Visual effects and video game

Sub-set of 5241***

Digital media designers
**Minimum work experience requirements apply