What is an LMIA? Step by Step process to apply for an LMIA | Canadian Immigration

[Music] the topic for today's video lmia lmia stands for labor market impact assessment now this lmia has been a cause for heartaches for so many people very frustrating because they can't get it right I'm talking about the employees or the people who are looking who are aspirants uh it is also a delight for people who actually manage to get it but for employers this is a great tool to finally get some good talent to get some employees who can actually perform the job for which they cannot find any Canadian permanent resident or citizen so let's take it from the top as to what it means what you need to do but this video is the perspective of an employer as to what they need to do what does it mean what uh different kind of streams are applicable in lmia applications what documentation is required how they need to comply with the requirements so that they can get a successful or a positive lmia so what is an lmia lmia stands for labor market impact assessment it basically is a document that states an assessment was conducted to establish that if you were to hire a foreign worker whether that will create a negative positive or a neutral impact on the Canadian labor market uh this is what this document establishes once you receive a positive or a neutral lmia then you are in a position to hire a foreign worker for this position in Canada as part of this application you would need to conduct specific recruitment efforts to establish that you made every effort to find a Canadian permanent resident Canadian citizens who could perform this job but you are unable to do so and therefore you are now resorting to hire a foreign worker first let's discuss about the different types of LMI application well some people say six different types some people say eight different types but by and large between six to eight there are these streams that you can count as different lmia application uh High wage lmas low wage lmas the difference between these two high wage lmia application low wage lmia application is primarily the wage component now uh for each province there is a median wage which has been set by esdc or stats Canada if the salary that you're going to offer if the wages that you're going to offer is more than the median wage for that Province then you will be making a high wage application if the salary or the wages that you're going to offer to your employee is below the median wage for the province then you'll be making a low- wage application now of course of course there are some other conditions in terms of the documentation in terms of the advertising and recruitment efforts that you need to conduct for each application type that will also differ but by and large this is the main component that that differentiates between these two other than that you also have a caregiver lmia whereby if you need to bring somebody who can take care of the children uh who who can take care of the elderly in the house then you would apply for a caregiver lmia then you have the agriculture lmia or the seasonal Farm worker lmia now the seasonal Farm worker lmia because it is for seasonal jobs basically for the Farms it is restricted to only the citizens of Mexico and certain other designated Caribbean countries and obviously they are here in Canada only for a short duration of time usually 8 months and that's why there is a shorter duration of exper on the lmas for the seasonal workers other than that the agriculture lmas you could have from any country and these are your regular lmas they can be high wage or low wage depending on the wages you're offering and then another popular category of lmia applications is PR supporting or permanent residence lmia or a dual intent lmia now these could also be your high wage low wage lmas but for PR supporting lmas these are mainly High wage lmia applications whereby you as an employer do not have to pay any application fee which is usually $1,000 in all other lmia applications but you will need to provide some additional documentation and of course your company or your business needs needs to be in operation for at least one year these are not always applicable in other lmia applications now a dual intent lmia basically would then be that you want to support your employee for permanent residence but you would also like to have this employee start working with you in the meantime while the pr application is being processed and hence comes the Dual intent LMI application which basically means it as I said it could be a high wage application or a low wage LM application uh with the intention of having this person work for you as well as also supporting them for their uh PR application by which they will then be able to get 50 points if it's a position which is tier knock code 0123 and they could get 200 points if the knock code is0 00 so basically the knock codes would start with three Z 0 0 0 1 12 0 0 0 13 1 4 1 15 1 16 these LM with these KN codes will get the applicant 200 CRS points in their Express entry application finally then there is the GTS the Global Talent stream lmia applications whereby there's a category a category B category a you have Innovation firms that want to hire specialized uh foreign Nationals which are then referred by Canadian referral designated partners and then you have category B where they have a list of priority occupations and as long as the employers are willing to pay the higher prevailing wages for these speciality occupations they would be able to apply under the Global Talent stream now the difference in global Talent stream and other applications is there is an expedited processing time usually takes 10 business days to get a decision on a Global Talent stream uh lmia application and by that also for the work permit the expedited processing times could be as low as 2 to 3 weeks now that we have gone through the different types of lmia application let's talk about what is the requirement from an employer in order to be able to hire a foreign worker with an lmia application well I I know a lot of employers uh sh away from applying for an lmia because they find it to be cumbersome very document intensive obviously complex in in different ways and of course they may have to hire a consultant to handle this application which can at times turn out expensive but by and large as far as the financials are concerned let's say this most of the applications it will cost you $11,000 which is the estc application fee except for only the pr supporting lmia in which the worker cannot get a work permit but that lmia only supports their permanent residence application so the fee is $1,000 for all other application in addition to that if you are using a consultant or lawyer to handle an lmia application then the fee of that practitioner could range anywhere from $2,000 up to $110,000 depending on what they wish to charge you for this application and depending on the complexities involved in this application as far as the age of the business is concerned in order to be eligible to apply for an lmia application well there is no specific age if you are applying for a high wage low wage uh LMI application the requirement is to prove that your business business is financially viable to be able to pay the salaries of a foreign worker as far as the age of the business in order to apply for an lmia application well in most application types there is no specific requirement for how old the business has been in existence but if you are supporting your uh worker for permanent residence or for dual intent applications then your business should have been in existence for at least one year uh and you will have to provide supporting documents to establish that as part of the temporary foreign worker program esdc which is employment social vment of Canada also referred to as Service Canada who is responsible to manage this entire temporary foreign worker program it is their responsibility to ensure that all the job offers that are being made to the foreign workers are genuine legitimate uh and that job really exists and of course a genuine recruitment effort has been established has been made in order to sort of hire uh Canadian permanent residents and um citizens and they were unable to do so so all these assessments are done and therefore one of the biggest factors is the the business legitimacy documents is the business operational is the business operating in Canada are they providing goods and services have they been in compliance have they ever uh not paid their staff on time is offering employment that is consistent with their business needs is in a position to comply with all the terms and conditions of their Employment contract all of this will be assessed by estc and obviously in order for them to assist with this assessment you will have to provide the required documents now as far as the documents are concerned I'm going to give you a very brief list of course you can go to the ircc website and you can find more details there but by and large you will need your business license you will need to provide your tforce for the past year you will need to provide your pd7 statement of account to show your deductions and remittances to CRA you will need to provide your uh income tax statements and to demonstrate your ability to fulfill the contract conditions you will also have to provide uh documents which establish that your business is financially viable so T2 schedule 100 balance sheet t2125 the most recent T4 or payroll records for the most recent 6 weeks um if your business hasn't been doing well or generating profits then you can also get an attestation from a lawyer or CPA who can validate that your business is in a good financial position and will be able to uh pay your employees on time and you will be able to support your foreign workers now if you are hiring workers for British Columbia Manitoba sasketchewan Alberta then there might be some additional requirements in terms of provincial employer registration certificate or proof of exemption in certain other cases you might also need to provide other documents that might be applicable depending on the kind of lmia application you're making or depending on the kind of people you wish to hire now let's quickly talk about the process of making an lmia application well first of all you need to define the position that you wish to hire uh create a job description advertise you have to advertise for at least four consecutive weeks you have to advertise on the job Bank of Canada and depending depending on the lmia application you're making for example for a high wage lmia application you have to advertise on three alternative sources and in the case of low wage lmia applications you may have to advertise on five alternative platforms some of them have to concentrate on specific communities or specific portions of the society so that everybody gets a chance to apply for these positions also when you're choosing platforms those platforms have to be synonymous for the occupations that you are advertising for the advertisements have to continue run for the entire duration of the application until the decision is made that is an extremely important factor after the advertisement has run for the first four weeks then you have to conduct your recruitment efforts whereby you have to now prepare a report of how many people you have interviewed uh who you have shortlisted who you have discussed it with what was the reason you were unable to find a a suitable candidate who is a permanent resident or a citizen and then you have to prepare your application to esdc esdc portal application is online at this point of time you have to provide all the documentation your recruitment efforts complete the application form obviously make sure that you provide the documentation carefully and complete the application form carefully uh for the high wage application uh you will have to provide a transition plan if you are not supporting the applicant for the permanent residence once the application has been submitted after a few days you would get an email from esdc where they would then send you the payment link to complete your payment for $1,000 for the esdc application once the payment has been made the application goes into process uh an officer would be assigned depending on the timeline for the processing that is being followed at that point of time once the officer starts looking at your application if they need to conduct an interview of the employer then they will contact you to do so in many cases if the documentation is suitable and if there has been a case of previous positive lmia there may not be an interview but if it's an lmia being submitted for the first time or if the documentation is not not enough or if there is another reason for the esdc officer to feel that they need to speak to the employer then they would conduct an interview usually over the phone where they would want to know uh what kind of efforts have been made what kind of business are you conducting what is the requirement for this position why do you need to hire this person who is currently doing this job in the company uh could you do without hiring this person did you really make genuine efforts to hire a Canadian citizen or a permanent resident after the esdc officer is satisfied with all your answers at that point of time the officer will then choose to issue you a positive lmia or a neutral lmia once you have the lmia you will then be able to extend it to your employee to the foreign worker that you wish to hire and by that the employee or the foreign worker would then be able to claim the respective points as I said 50 CRS points if it is knock 0123 and if it is KN 0 0 then they can claim 200 points in Express entry application and will own also be able to apply for their work permit now of course when you are making an application for lmia uh under the temporary foreign worker program there are strict regulations around how you will uh hire and how you will manage your temporary foreign workers you have to always be in compliance you have to have workplace safety uh regulations in place you obviously have to pay on time you have to provide all the benefits that you claimed that you that you said in your employment agreement that you would and you always have to be in compliance with the provincial employment regulations as well esdc at any point of time can conduct an audit and can also check for compliance if you are actually in compliance of your employment agreement as well so this is what you as an employer will need to uh take care of and and ensure but this by and large is an broad overview of how you can make your lmia application if of course you still have doubts and if you are struggling to figure out an application to do it yourself well then you know who to reach out to our contact details are in the description Box by all means drop us an email and we'll be happy to help you through this and to help you find these workers as well we have a huge database of interested individuals who wish to work in Canada for different positions different skill sets different trade categories we have them we have them ready so if you're still looking for those workers if you're still not being able to figure out how to get your lmia started well then you know who to [Music] call

Channel: Ask Kubeir

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Id: Tski2PMRBG4

Length: 14min 29sec (869 seconds)

Published: Fri Nov 24 2023