Is an LMIA Mandatory for the Canada Work Permit?

The LMIA (Labour Market Impact Assessment) is an essential document issued by Employment & Social Development Canada, required by the Canadian employer in order to provide employment opportunities to international skilled professionals. This certificate ensures the urgent need of employment as the employer hasn’t been able to fulfill the vacancy in-house.

According to the IRCC, the LMIA certificate confirms that there is a need of a foreign national to fulfill the job and no Canadian citizen or permanent resident is available to do so.

Initially, the employers are bound to advertise for the job for at least four weeks and demonstrate genuine efforts to hire Canadian employers.

Canada, over the years, has been accepting numerous applications from skilled professionals, international students, and graduates to migrate to Canada. Candidates seeking job opportunities in Canada must obtain a Canada work permit before applying for jobs in Canada.

 Understand the Canada Work Permit  

A Canada work permit is a legal document that allows competent professionals to work in Canada over a period of time. With a Canada work permit, candidates can legally find a job and can enjoy all the working rights bestowed upon Canadian citizens. A Canada work permit is a pathway for individuals to earn and live in Canada and later apply for Canada PR.

The Canada work permit is technically bifurcated into two major pathways

1.  Employer-specific Canada work permit

Employer employer-specific Canada work permit is a pathway where candidates are bound to work under a specified employer. The major requirement under this program is the LMIA certificate, mandatory for job opportunities. Some of the examples of employer-specific pathways are the Temporary Foreign Worker Program (TFWP) and the Intra-Company Transfer.

 2.  Open work permit

An Open work permit allows candidates to work for any employer they wish for irrespective of any boundation associated with the job. The LMIA certificate is not mandatory under an open work permit. Certain examples of open work permits are the Post-Graduation Worker Program (PGWP), Spouse/Common-law Partner Open Work Permit, and International Mobility Program (IMP).

 So the answer to the question “ Is LMIA Mandatory for Canada Work Permit? ” is completely dependent on the candidate applying for a Canada work permit. If the candidate is applying through an employer-specific then he is bound to obtain an LMIA certificate, whereas there is no boundation of obtaining an LMIA certificate if he is applying through an open work permit.

 LMIA Application Process

The LMIA application process is a step-by-step procedure to be followed by the employer if they want to hire a skilled professional. The procedure is as follows:

1.  Job Advertisement

The foremost step in this procedure is to find a suitable job opportunity. The job should be advertised through Job-banks, industry-specific websites, newspapers, for at least 4 weeks and be listed for search for any foreign national to be employed for the job.

 2.  Prepare the LMIA Application

The next step is to prepare the LIMA application, consisting of the job details and duties. The application should also entail the efforts made by the Canadian employer in terms of searching the candidates for the selected job, which include proof of job offer, how many applicants replied, and why a suitable Canadian candidate was not selected for the job.

 3.  Submission of an LMIA Application

Complete the entire application, enclosing all the necessary documents to be submitted to ESDC (Employment & Social Development Canada).

 4.  ESDC Review

ESDC will review the LMIA application, which is usually done within weeks or may take longer. In this review, ESDC will look for market analysis and look for the best possibilities.

 5.  Application Decision

ESDC will review this application and will deliver its decision. If the employer receives a positive LMIA report, then the employer is free to employ any candidate, and if they received a negative report, they receives an accompanying letter stating the reason for the negative response.

LMIA Application Fee

For an LMIA application, employers are required to pay CAD 1000 per position.

 LMIA Processing Time

The LMIA application process sometimes takes a couple of weeks to several months, depending upon the application process and the number of applications received.

 An LMIA certificate is an opportunity for both the employer and the employee to find the best possible opportunities coming their way. Through this, both can save time and grow better job opportunities in Canada.

Although, LIMA certificate is not that easy to obtain, it can be procured with the help of immigration consultants. Candidates must check for viable and legitimate consultants before applying for the LMIA (Labour Market Impact Assessment) certificate. Still worried about what to follow and what not, Province Immigration is here to help candidates applying for the LMIA certificate and a Canada work permit.