Q1- WHAT IS LMIA?
Ans1- LMIA is short for labour market impact assessment. It is a type of document which an employer receives from ESDC – Economic and Social Development Canada, if they are intending to hire an international employee for a job position in their venture.
Q2- WHAT DOES A POSITIVE LMIA MEAN?
Ans2- A positive LMIA means that there is a genuine need for a foreign worker and there is no qualified Canadian citizen or permanent resident which is best suited for that job post.
Q3-WHO NEEDS LMIA?
Ans3- An employers who is looking to recruit a foreign worker needs to obtain a pre-approved LMIA document from government as a permission to hire that worker before he/she applies for a work permit.
Q4- WHY DO I HAVE TO GET A NEW LMIA IF I JUST GOT IT ONE YEAR AGO?
Ans4- Labour Market Impact Assessment (LMIA) is valid for a limited period of time. There is no such provision by the Canadian government to extend the duration of LMIA. The employer needs to obtain a new LMIA if they are willing to keep that worker for a longer period of time provided that there is still no Canadian citizen or permanent resident who can fulfil the requirements of the job.
Q5- Who is eligible for LMIA?
Ans5 – Almost every Canadian employer is eligible get a LMIA. But there are certain basic requirements which you need to meet if you are an employer:
- You must have a legitimate business.
- You must be capable enough to remunerate your employees.
- There is a real need for an international worker.
- You are capable and willing to take care of housing and basic needs of that foreign worker.
Q6- WHO WILL PAY THE FEES OF LMIA?
Ans6- Employers has to pay the LMIA fees to ESDC. In some cases, they also tend to cover the costing of getting a work permit for their foreign worker.
Q7-HOW MANY POINTS I GET FOR LMIA UNDER EXPRESS ENTRY PROGRAM?
Ans7- After obtaining a successful LMIA from employer, a worker may be granted with 50 or 200 points under Comprehensive Ranking System (CRS) depending on the specific designation.
Q8- CAN I GET PR WITH LMIA?
Ans8- After completion of working for 12 months in Canada, you will be granted with 50 or 200 points which will enhance your CRS score. You can either apply under FWSP (Federal Skilled Worker Program), FSTP (Federal Skilled Trades Program) or CEC (Canadian Experience Class) of express entry program for permanent residency status.
Q9- DOES ENTREPRENEUR ALSO NEED LABOUR MARKET IMPACT ASSESSMENT?
Ans9- No. An entrepreneur can get a work permit to work in Canada without a LMIA. They can apply for work permit under different business visa programs in Canada proving that they are willing to do business or buy business in one of the Canada’s province.
Q10- HOW MANY LMIA’S CAN AN EMPLOYER GET?
Ans10- There is no perfect and accurate answer to this question. This depends on many factors. In some cases it is possible to get as many LMIA’s as employer wants. Due to fewer positions for skilled workers there is a limit for a low- skilled worker which a particular business can employ. Additionally there could be some restrictions because of regional unemployment levels.
Q11- CAN AN EMPLOYER TERMINATE A FOREIGN WORKER IF THEY ARE NOT WORKING?
Ans11- If an employer feels that the foreign worker is not an ideal fit for the job; they can dismiss that employee anytime in accordance with the laws of labour of that province. This will be employer duty to ensure that they notify the Service Canada of the date the foreign worker is no longer employed by them.
Q12-CAN AN INTERNATIONAL WORKER BE PROMOTED?
Ans12- No. The employer cannot promote the foreign worker using the same LMIA. When a LMIA is issued by ESDC, the work permit the receive has all the information provided like employer name, job position and the location of the work. If an employer wants to promote their foreign worker, they first need to get a new LMIA from ESDC with updated changes. Again, the employer need to provide sufficient proof that there were none qualified Canadian citizen best suited for that role.