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1. What is LMIA PR support?
The Government of Canada believes that foreign workers can help employers meet their labour needs when Canadians and permanent residents are not available. As part of this process the government supports higher-skilled foreign workers based on their potential to become economically established in Canada and to assist employers to meet their skilled labour shortages.
Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Immigration, Refugees and Citizenship Canada (IRCC) Express Entry system. The job offer must meet the criteria of 1 of the listed economic immigration programs.
目录
These programs include:
Federal Skilled Worker Program (FSWP)
The employer must be offering a job for:- a higher-skilled position such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, A and B),
- full-time hours (a minimum of 30 hours of work per week),
- at least one year, and
- a non-seasonal position.
Federal Skilled Trades Program (FSTP)
The employer must be offering a job for:- an eligible skilled trade or technical occupation (NOC B),
- full-time hours (a minimum of 30 hours of work per week), and
- at least one year.
Canadian Experience Class (CEC)
The employer must be offering a job for:- a higher-skilled position such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, A and B),
- full-time hours (a minimum of 30 hours of work per week),
- at least one year, and
- a non-seasonal position.
- an embassy,
- a high commission or consulate in Canada,
- on the list of ineligible employers maintained by IRCC,
- new and have not been in business for a minimum of one year, or
- hiring workers who intend to reside in the province of Quebec.
- permanent resident visa, and
- temporary work permit.
2. What are the requirements for this program?
Language restriction
English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.
Education, training and experience
Employers are responsible for verifying that the foreign worker has all the necessary training, qualifications and experience to perform the work in Canada.
Regulated occupations
Employers hiring a foreign worker in regulated occupations in Canada must ensure that arrangements are made with the appropriate regulatory body for the certification, registration or licensing of the foreign worker.
In assessing a job offer for the purpose of issuing a permanent residence visa, IRCC must be satisfied that the skilled workers are able to perform and are likely to accept and carry out the employment being offered to them.
Business legitimacy
All employers applying to the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
Union consultation
Although it is not a mandatory requirement, if the position being filled by the foreign worker is unionized, it is recommended that employers:
- work actively with union representatives to recruit unemployed Canadians and permanent residents;
- consult the union on its position regarding the hiring of a foreign worker for the available job;
confirm that the conditions of the collective agreement (for example wages, working conditions) will apply to the foreign worker.
3. How to determine the prevailing wage of the position?
Employers applying for a labour market impact assessment (LMIA) must pay the temporary foreign worker (TFW):
- at a minimum, the posted prevailing wage for the occupation and work location where the foreign worker will be employed, or
- a wage that is within the same wage range that they are paying their current employees working in the same occupation and same work location, if this rate is higher than the prevailing wage
Step 1 |
Determine if the available position is unionized or non-unionized:
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Step 2 |
Use the job title of the available position to conduct a search on Job Bank to determine the median wage for the occupation and work location where the temporary foreign worker (TFW) will be employed:
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To determine the median wage on Job Bank:
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Step 3 |
Determine if there are any workers currently employed in the same occupation and work location where the foreign worker will be employed.
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Step 4 |
Determine the wage range paid to the current employees working in the same occupation and work location where the foreign worker will be employed:
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4. Terms
Unionized positions
Employers hiring foreign workers for available positions which are part of a union must advertise and offer the same wage rates as those established under the collective agreement. The collective bargaining agreement will outline the terms and conditions of employment such as:
- wages
- benefits, and
- hours of work
Employers must offer the foreign workers these same terms and conditions and also submit a copy of the collective bargaining agreement, along with the LMIA application to ESDC/Service Canada.
Prevailing wage
Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.
Employers must ensure the wage offered to the foreign worker is not below any:
- applicable federal or provincial/territorial minimum wage rates, or
- wage schedules set by provincial/territorial legislation (for example, Manitoba Construction Industry Wages Act)
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.
5. What should the employer do?
Employers must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to foreign workers.
Employers offering a wage to a temporary foreign worker (TFW) that is:
- below the provincial/territorial median hourly wage must meet the Advertisement and Recruitment requirements of the Stream for Low-wage positions;
at or above the provincial/territorial median hourly wage must meet the Advertisement and Recruitment requirements of the Stream for High-wage positions.
FAQ
It’s quite possible that you can bypass the LMIA process by getting a work permit under one the International Mobility Program streams. For workers and employers alike, it is preferable to get a work permit under the International Mobility Program, as these work permit do not require the worker to obtain a LMIA.
LMIA renewal is not possible. Labour Market Impact Assessment is a one-time process. Once done, you can’t renew it. You only can do a new LMIA.