LABOUR MARKET IMPACT ASSESSMENT (LMIA)

MISSISSAUGA, BRAMPTON, TORONTO, ONTARIO, CANADIAN IMMIGRATION EXPERT

LMIA Work Permit in Brampton

Human Resources and Social Development Canada (HRSDC) issues a positive Labour Market Impact Assessment (LMIA) to verify that a job offered to a foreign national cannot be filled by a Canadian worker. Thus, in most cases, if a Canadian employer wants to hire a temporary foreign worker, they must apply for an LMIA Work Permit in Brampton from the Canadian government.

The processing time for a standard LMIA approval typically takes three to four months. Upon approval, a positive LMIA allows the foreign worker to apply for a work permit, which is a legal document enabling them to work legally in Canada.

Two Ways to Hire Foreign Workers

1. Temporary Foreign Worker Program (TFWP): Canadian employers seeking to fill temporary labor and skill shortages can hire through the TFWP. As an employer, you will need a positive LMIA from Employment and Social Development Canada (ESDC) before you can hire a foreign worker. An LMIA Work Permit in Brampton confirms the necessity for a foreign national’s unique skills in a job that is not filled by Canadians.

The employer must pay a fee when applying to hire a foreign worker through the TFWP, and this application is subject to approval. After obtaining a positive LMIA, the employer must provide the document to the foreign worker, who can then apply for a work permit to Immigration, Refugees and Citizenship Canada (IRCC) using the LMIA.

1. International Mobility Program (IMP): Not all employers are required to secure a positive LMIA from ESDC to hire a foreign worker. The International Mobility Program allows employers to hire temporary foreign workers without an LMIA. Certain categories of foreign workers are exempt from the LMIA requirement under the IMP, based on broader economic, cultural, or competitive advantages.

The IMWU determines these exempted categories, and employers must contact them to submit offers of employment and pay a fee of $230. Employers must provide this number to the foreign worker they intend to hire. Based on that information, the temporary worker can apply for their work permit through ICCRC or CBSA. Officials will verify the documents and issue work permits or Letters of Introduction (for candidates outside Canada) upon approval.

Factors Affecting LMIA Approval

The approval of an LMIA hinges on various factors such as the offered position, region, wage level, and more. A high-wage worker is defined as someone whose wage is equal to or above the provincial median hourly wage. For high-wage workers, submitting a transition plan is required when applying for an LMIA Work Permit in Brampton. The employer must create a transition plan to showcase efforts in reducing reliance on temporary workers while prioritizing Canadian hiring. Conversely, a low-wage worker is someone whose hourly wage is below the provincial median wage, and there is no requirement to submit a transition plan for their hiring.

A positive LMIA restricts changes to job, location, and employer based on specific approved factors. If any conditions change, the worker may need to apply for a new LMIA Work Permit in Brampton.

Open Work Permit Holders

Open work permit holders do not require a Canadian employer for IMP or TFWP hiring. There is no need for an offer form or fee if hiring a temporary worker with an open work permit, providing more flexibility for employers.

Understanding the process of obtaining an LMIA Work Permit in Brampton is essential for employers looking to hire foreign workers. Navigating the TFWP and IMP can be complex, and ensuring compliance with all requirements is crucial for a successful application. Employers can benefit from consulting with immigration professionals to guide them through the process, ensuring that they meet all necessary criteria for a positive LMIA approval. By effectively managing these processes, businesses in Brampton can address labor shortages and contribute to their growth and development through skilled foreign talent.

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