Rudraksh Immigration Elaborates LMIA Process

Canada, just like most countries around the globe, is reeling heavily under the aftereffects of the pandemic. The economy is loose as most of the foreign workforce had to leave and go back to their native countries. With the industries and workplaces opening up steadily, the requirement for foreign migrant workers becomes apparent. Rudraksh Group in Mohali is keeping a close eye on such requirements and guiding the interested applicants to apply for the LMIA program. 

Labour Market Impact Assessment (LMIA) Program 

Under this program, Canadian employers are allowed to hire foreign workers to be employed in their firms by filing an LMIA application. However, there are a few conditions that are needed to be met first. 

  • The employer must be able to establish that the vacant position could not be fulfilled by either a Canadian citizen or a Permanent Residency holder.
  • For this, the employer needs to submit proof that there was an advertisement running on the government job portal for at least 4 consecutive weeks within the last three months of filing the LMIA. 
  • The employer then needs to submit the contract that will be sent to the migrant worker mentioning the salary, working conditions, job description, etc. 
  • For low-wage foreign workers, additional benefits like transportation, affordable housing and healthcare facilities must be arranged as part of the contract.
  • The Canadian authorities will interview the employer ensuring that all these conditions are met and issue the positive LMIA certificate. 
  • The foreign worker has 6 months to apply for the visa and this program after the LMIA has been received from the employer. 

The streams that require an LMIA certificate include in-home caregivers, agricultural workers, foreign research academics, Temporary Foreign Worker Applicants and people who want to work in Quebec. The workers could then apply for a work permit or permanent residency as per the regulations. All these are requirements that are more geared towards the employer and therefore, the chances of migrant workers getting jobs in Canada, depend on external factors. But this takes the burden off the workers who don’t have to work too hard for the application process. 

Exemption from LMIA

While the aforementioned criteria are needed to be met, there is a scenario where these rules don’t apply. These are the cases where a Canadian employer will not need to have a positive LMIA. 

  • People applying for International Mobility Program, International Free Trade Agreements, Canadian Social and Cultural Interests, Intra-Company Transfers and those awaiting permanent residency are exempt from the LMIA procedure. 
  • Additionally, the province of Quebec has its own procedure which is different from the federal immigration processes. 
  • In Quebec, the applicant must submit the entire documentation in the French language, except for in-home caregivers.
  • No job advertisements are needed to be given by the employer before hiring a foreign worker. 
  • The approval from the labour shortage market authorities is enough to establish a reason to hire a foreign worker. 

If you are willing to relocate to Canada using this process, make sure to contact the experienced staff of Rudraksh Immigration in Mohali.