Employers in Canada who are suffering a labour or talent shortage have the option of recruiting a foreign worker. However, they cannot just employ. Rather, serious efforts should be made to employ Canadians and permanent residents first. In fact, this is at the heart of the majority of LMIA applications. Don’t know what it is yet? Learn about LMIA and the procedures it entails.

Only If a company is unable to identify a qualified candidate among its own employees, it should obtain approval from the government to engage a temporary foreign worker. A labour market effect assessment is the process of obtaining such confirmation. This process not only includes a lot of legal specifics, but even a tiny omission, not even a mistake, will result in refusal. As an example, consider promoting and providing a low income. But that is by no means the end of the story. There are further instances (below). Even Temporary Foreign Worker Program processing personnel recognize this truth. Do you want a poof? Directly contact the Employer Contact Center.

The most regrettable aspect for an employer in the case of LMIA refusal is the accompanying expense and delay. It means re-advertising (again! ), paying a $ 1,000 processing fee (again! ), and waiting for another six (6) months when there is an urgent need for a worker, as well as disgruntled clients, delays, and everything else.

We propose that all Canadian employers get educated on the LMIA tips and specifications listed below. These are, indeed, seven critical pieces of advise for firms looking to hire international labour.

> Labour Shortage Must Be Real

LMIA should be applied for only when there is a real need for a foreign worker. It is not an impediment to applying for LMIA. Instead, if you want assistance, please contact us. But first, you must read.

Do you have a genuine labour shortage?

When it is true, there are several possibilities. The fact is that certain occupations are difficult to execute, and Canadians are unwilling to apply. Others may require someone with a profound awareness of your community’s culture, values, or even language, which may be required for a certain role. Alternatively, a company may require a worker with specific knowledge, which is in limited supply in Canada

Keep in mind that there are methods that Employment and Social Development Canada (ESDC) and Service Canada personnel use to check the legitimacy of your requirement for a foreign worker. Job Bank Outlook, for example, enables officers to research employment opportunities for a variety of vocations and occupations across Canada. If job possibilities for the occupation for which you wish to hire a foreign worker are restricted, your chances of receiving a good LMIA are low.

The implication here is that a company should only request for evaluation if there is a real labour shortage. That is to say, if there is no labour shortage but you wish to assist a family member, relative, or close friend in immigrating to Canada, there are many alternative programs that are more appropriate. So, if you are still interested in recruiting a foreign worker, you should keep reading.

> Start from Selecting One of 8 LMIA Streams

In general, there are 8 LMIA Streams. Finally, the evaluation would determine whether or not an employer satisfied all of the requirements for a certain stream. These include, for example, job marketing criteria, employer eligibility, forms, supporting papers, and fees.

XYZ Company, for example, plans to employ a foreign worker for the role of Web Developer. Most LMIAs must satisfy basic advertising standards, such as posting a position in three or five sources for four weeks within three months, and so on. This occupation, however, is excluded from it under the Global Talent Stream. As a result, an employer may have spent up to a month and $1,000 on advertising just because they were unaware of this difference. Learn more about the LMIA’s advertising minimums and variances as well as LMIA-exempt work permit.

On the contrary, there exist limits for some vocations and areas (regions and provinces). As a result, requests from ineligible businesses, for limited industrial sectors, and vocations will not be processed and will very certainly be denied. In Alberta, for example, you cannot seek to recruit a foreign worker for the occupation of Carpenter.

So, the message is that it is critical to verify ahead of time to see whether there are any limits, requirements, or exemptions for a position for which you wish to recruit a foreign national. Then, choose the proper LMIA stream.

> Follow & Comply with LMIA Application Requirements

It cannot be overstated how vital this is. LMIAs are highly technical applications with numerous intricacies and extremely tight timeframes.

If the company utilizes an incorrect or outdated form, the application will be returned as incomplete. The main issue here is a lack of time. The LMIA requires enterprises to request for evaluation within three months of the start of advertising. Unless there are exceptions, the average LMIA Processing Time is 3 to 6 months. As a result, when the procedure begins and the package is returned, the 3-month limit is generally exceeded. As a result, the application is regarded as never having been filed, and the deadline has already gone. Unfortunately, you must restart from the beginning. New advertisement, recruiting, fees, and, worst of all, another six months of waiting. To avoid this, double- and triple-check everything on the day of application submission.

Another prevalent principle is found in the job advertisement itself. It should not be very limiting or overly general. Rather, it must attract the greatest amount of Canadian employment applications. If it is just a match of a foreign worker’s résumé, it will not pass an officer’s screening.

Another complex issue is the LMIA wage. It is commonly understood that both a job posting and the salary given to a foreign worker must be higher than the median wage for the occupation and area. You’re not sure what it is? Examine the Job Bank salary report.

Still, the rise in the median pay is difficult to forecast. The government has the authority to raise the prevailing wage at any moment. If the rise is greater than 10%, the ongoing marketing and compensation provided to a temporary worker must also be increased.

Assume that a $ 5 increase in hourly income results in an additional $800 per month or $9,600 per year. This may be more than the employer’s initial estimate, budget, or ability to pay at all. Accepting the raise or starting anew with a different job is the only option. Again, another advertisement, recruiting, fees, and, worst of all, another half-year or more of waiting time.

> Answer ESDC’s Questions Promptly

ESDC’s officer almost always contacts the employer or lawyer to clarify facts. The inquiry might be about recruitment efforts, firm finances and operations, tax records, industry standards, or anything else. If a response time of 10 days is specified, it is a hard deadline unless an extension to gather documentation is requested. Failure to answer on time will very certainly result in a negative LMIA or refusal.

> Prepare for Employer’s Interview with ESDC Officer

Similarly, before making a judgement, officers conduct LMIA interviews with employers. It is not required, but the majority of officers like to do it. Any queries on the LMIA application are welcome.

It is critical to go over the application again shortly before the interview to remind yourself of key facts. Any inconsistencies or conflicts between the application and the employer’s reply will be detrimental to the evaluation.

Employers can ask their representatives to join the interview and help with some answers if ESDC allows it. Certain questions, based on our expertise representing companies in LMIA applications, are often and nearly always asked. Check the list of possible interview questions here (it is not exhaustive).

> Apply for LMIA-based Work Permit Within 6 Months

Positive LMIA is only one step in the process of hiring a foreign worker in Canada. When ESDC provides a confirmation letter, it is the employer’s responsibility to tell the foreign worker as soon as possible. Finally, a worker must apply for a work visa, which requires a job offer letter, a contract, a copy of the LMIA, and the LMIA number.

Delays in applying for a work permit are a regular blunder. It is frequently due to a misunderstanding between the LMIA expiry date and the duration date. The expiry date is normally within 6 months after the LMIA’s issue. It is the deadline for a foreign worker to apply for a work permit. In other words, the LMIA is no longer valid if he has not applied by that date. This is the worst-case scenario for an employer that has gone through the LMIA process and now needs to file for a new LMIA owing to a mistake.

LMIAs typically last 1 or 2 years. It is, in reality, the suggested duration of a work permit. However, if a foreign worker does not apply for an LMIA-based work visa within 6 months, the LMIA will no longer be valid, even if it is valid for a year or more.

> Employer’s Compliance With LMIA

Having a foreign worker is not only a right, but also a major obligation. Service Canada conducts random inspections of such employers. In short, companies must follow the conditions of a job offer certified by LMIA.

Non-compliance may result in a notice, a fine, or a prohibition on recruiting temporary employees.