The LMIA is a part of the Temporary Foreign Worker Program (TFWP) in Canada, where employers have to seek permission before employing temporary jobs to citizens of other countries. An employee does not have to apply for LMIA. However, one should obtain a work permit or work visa for smooth processing. Make sure your employer has LMIA and provides you with the LMIA number while offering you a job. 

Every country would want to give preference to their people for jobs. Therefore, if an employer, hiring a foreign worker, he needs to assure the authorities that no Canadian is available to complete the job; he needs to hire a foreign worker. So, if you are seeking a job in Canada, you must confirm that your employer has an LMIA. Hence, you can obtain a work permit and be eligible to work in Canada. 

Employers don’t need to apply for an LMIA for all kinds of jobs. There are some exempted sectors for which the Canadian employer does not require an LMIA. Before applying, your employer will have to go through the exemptions list to confirm whether or not he has to apply for it. You do not need an LMIA number from the employer if working in Canada as a trader, investor, airline personnel, caregiver, and television and film producer. For all other jobs, you will have to ensure that your employer has obtained an LMIA document.

There are different requirements for obtaining LMIA based on the sectors. The application process for all categories involves four steps.

1. Downloading the latest Labour Market Assessment Application form.
2. Filling up all the details in the form correctly.
3. Submitting proof of business legitimacy and recruitment and additional documents along with the application and processing fee.
4. Sending the package to the nearest Canada Processing Centre.

Also, note employers have to send LMIA applications six months prior to the expected date of starting the job.

To be eligible to apply for the LMIA, the employer has to fulfil all requirements of the Temporary Foreign Worker Program (TFWP). Following are the compliances that the employers must adhere to:

1. The job should be a full-time position. It must require a minimum of 30 hours per week of involvement.
2. Proof that the employer’s business and the job offer is legitimate.
3. A transition plan is a must for the employees where they would train the Canadian residents for the job to reduce dependency on foreign workers.
4. The employer has to conduct a minimum of 3 recruitment activities and conduct job advertisements to hire Canadian residents before offering jobs to foreign workers.
5. Similar wages should be given to the foreign workers as that provided to Canadian residents.
6. Employers must ensure workplace safety and favorable working conditions.

The average LMIA processing time in Canada can take up somewhere between 8 weeks to a month. The processing time depends on two factors, the number of applications received by the Economics and Social Department Canada and the type of application your employer has made. For instance, if your application belongs to the global academic stream, it would require 8 days of processing time. If your application comes under the agricultural stream, the processing time would be 13 days; if your employer is hiring for a seasonal agriculture job, the processing time would be 7 days. 

Employment and Social Department Canada (ESDC) allows the employees to expedite their LMIA applications. If the prevailing wage for such a position is equivalent or 10% higher than the average wages earned by permanent Canadian residents or gets hired for specific skilled trades and more.

According to statistics from various processing centers, the existing average LMIA processing times are- 

• Global Talent Stream – twelve business days.
•  Agricultural stream – thirteen business days.
•  Seasonal Agricultural Worker Program – nine business days (approximately). 

For smooth processing, the employer must fill the application properly and provide additional documents on time.

For more information on the processing time for specific sectors, you can check out the LMIA official website.

If you are planning, permanently settle in Canada or looking for temporary work, you will need to check whether the sector in which you wish to work requires an LMIA or not and that your employer has followed all requirements. You can leave this job to us. We provide excellent assistance and guidance with ample technical support with a team of expert consultants. It will make sure that you focus only on job applications and cracking the interviews, and we will do the rest for you. If, your employer needs an LMIA, we will connect with them to confirm that he has applied for an LMIA or already has one. We will ensure that you can easily apply for a work permit in Canada without any obstructions. With our established global networks and professionally experienced consultants, we can facilitate all the necessary things for one’s advantage. To know more about LMIA, you can get in touch with us.