Labour Market Impact Assessment LMIA

Labour Market Impact Assessment LMIA

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment, formerly known as a Labour Market Opinion, is a legal document provided by Employment and Social Development Canada that will allow a skilled worker to work in Canada.

A positive Labour Market Impact Assessment will determine that there are no qualified Canadians or permanent residents seeking the position that the skilled worker wishes to have and will allow the skilled worker to apply for a work permit.

What You Will Need

If you wish to come to Canada as a Foreign Worker, you will have to have a positive Labour Market Impact Assessment. This process begins with your prospective employer making an application to Employment and Social Development Canada.

Once an immigration officer issues a Labour Market Impact Assessment, if it is positive, you will be able to apply for a work permit. If your work permit is successful, you will be permitted to work in Canada for the duration set out on your work permit.

Things You Should Know

  • After the transition from a Labour Market Opinion to a Labour Market Impact Assessment, your employer will now need to put a greater effort into showing that they made an effort to advertise the occupation
  • The LMIA relies more heavily on wages offered
  • Your employer will need to refer to NOC in order to determine the occupation’s duties and job title
  • Your employer should advertise according to the requirements of NOC
  • Time will be needed to process a work permit, and so you should consider this in your plans
  • The valid length of your Labour Market Impact Assessment determines the length of your work permit

How We Can Help

The Labour Market Impact Assessment is a crucial part of a Temporary Foreign Worker’s application. Without one, you will not be permitted to apply for a work permit and therefore not allowed to legitimately work in Canada.

At Akrami & Associates, we can assist you with:

  • Assessing your situation and what is required of you
  • Complete any applications involved
  • Contact your employer
  • Of course, be with you every step of the way

For more information on the Labour Market Impact Assessment category, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.,

The new Labour Market Impact Assessment has recently come into place to replace the Labour Market Opinion. If you wish to hire a foreign worker to Canada, you will need to apply under this revamped program to do so.

If successful in obtaining a positive assessment, you will be able to use this in support of your potential foreign worker. Prior to these changes, there used to be several categories of employment that you could apply under. Now, as there has been a definite shift in focus, there are essentially two main categories under which you, as an employer, can apply:

  1. High Wage Labour Market Impact Assessments; and
  2. Low Wage Labour Market Impact Assessments

Clearly, the focus of the Labour Market Impact Assessment hinges on wages while as its predecessor, the Labour Market Opinion, focus on intended job duties in Canada.

That being said, prospective employers are faced with the hard fact that, if they are to be successful in obtaining foreign help for their business, they may need to surpass the average wage for the intended occupation.

In layman’s terms, the more an employer is willing to pay the prospective foreign worker above the norm, the higher their chances for success are.

Low Wage Labour Market Impact Assessments

  • Can be offered for shorter durations, giving the employer the opportunity to offer yearlong contracts;
  • Organizations more than ten people strong can only be comprised of 10% of foreign work force.
  • Ten lower skilled occupations in the food service industry have been removed from eligibility;
  • There is an increased application fee of $1000.00, the same applies for the High Wage Labour Market Impact Assessments

High Wage Labour Market Impact Assessments

  • The application process for such positions are far more in depth and complex;
  • Part of the process is the submission of a transition plan which basically outlines how the employer intends to permanently fill the job with the foreign worker;
  • Employers are required to keep detailed record of the foreign worker’s stay in Canada;
  • There may be a cap issued on such applications but this is not confirmed;
  • As for the Low Wage process, application fees have jumped to $1000.00.

If you are an employer in Canada who is interested in hiring a foreign worker, you have probably heard of the recent changes that occurred within the Temporary Foreign Worker Unit. The previous Labour Market Opinion was typically the first step to obtaining a work permit in Canada, now; the Labour Market Impact Assessment has replaced that.

The Labour Market Opinion had several different categories under which you could apply:

  • High Skilled Workers;
  • Low-Skilled Workers;
  • Seasonal Agricultural Workers;
  • Agricultural Stream;
  • Live in Caregiver Program.

As you might able to tell just by their namesake, the previous Labour Market Opinion focused heavily on job duties and the National Occupational Classification. This is no longer the case under the Labour Market Impact Assessment.

Previously, the National Occupational Classification or NOC was used to determine what the intended duties of a foreign worker should be as per their classification and ranked that occupation in a matrix that revolved around skill level.

Presently, this is no longer the case. The Labour Market Impact Assessment focuses on wages; high or low, with remaining space for agricultural workers and the live in caregivers. The categories under which you can apply through the Labour Market Impact Assessment are:

  • High Wage;
  • Low Wage;
  • Primary agricultural stream; and
  • The Live in Caregiver Program.

Along with this change of job categories come other interesting additions to the program including:

  • The requirement of incorporating a “transition plan” for high wage occupations;
  • The increased processing fee of $1000.00;
  • The ability for employers to offer short term positions to Low Wage applicants.
Page 2 of 2