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Moving to Canada for work? Options to consider

Posted on June 3, 2020
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Labor Market Impact Assessment

If you wish to migrate to Canada and work there, two options are available to you, one option is to apply for permanent residency and move to Canada on a PR visa after you get a job offer or to search for a job once you land in the country. The second option is to find a job and move there on a work permit. It is better to choose the less tedious option.

Work permit and its requirements

There are two kinds of work permits that you can apply for to work in Canada, one being the open-work permit and the other being the employer-specific work permit.

The open work permit is not restricted to a job or employer. On the other hand, employer-specific job permits let foreign employees work for an employer and for a specific position.

If a Canadian employer is willing to hire you then he must get a Labor Market Impact Assessment or LMIA. A foreign worker applying for a work permit will need to have a copy of the LMIA as part of his work permit application.

What is an LMIA?

A Labor Market Impact Assessment (LMIA), is issued by Employment and Social Development Canada (ESDC).

In simple terms, LMIA certification refers to a process that serves as proof that Canadian employers are not able to recruit the right candidate to fill a specific position/role in Canada, and so the employer is allowed to hire a foreign worker.

A Labor Market Impact Assessment (LMIA), is issued by Employment and Social Development Canada (ESDC).

This is required to demonstrate that the employer made attempts to fill the open position with a Canadian citizen or permanent resident without success before hiring a foreign worker for the position.

 The LMIA certification serves as proof that the employer was not able to find the right candidate to fill a specific position/role in Canada and is therefore allowed to hire a foreign worker.

The LMIA is part of the various measures to protect the interests of the local Canadian labor market and is required to ensure that employing a foreign worker will not have a negative effect on the labor market.

Difficulty in getting an LMIA

Canadian employers will be required to provide a variety of information if they want to hire a foreign worker and for getting the LMIA. They will have to give details on the position they want to hire a foreign worker for, including the number of Canadians who have applied for the position, the number of Canadians who have been interviewed, and detailed explanations as to why the Canadian workers were not hired.

To get an LMIA, the Canadian employer needs to convince the authorities that there is no Canadian eligible for the position. They must also provide proof they have been advertising for many months and have not found a suitable Canadian or permanent resident.

 Apart from this, the ESDC will consider the below factors before issuing an LMIA to the Canadian employer:

  • Is the salary offered to the foreign worker for the occupation consistent with the average in the area the position is located?
  • Do the terms of employment adhere to labor laws and/or collective bargaining agreements?
  • Is there a shortage of labor in the area the position is located?
  • Is there a continuing labor dispute within the enterprise and/or industry?
  • Has the Canadian employer made efforts to find a Canadian to fill that position?
  • Will the foreign worker transfer specific skills or know-how to Canadians?
  • Can hiring the foreign worker help Canadians?
  • Will the foreign worker be the employee of the Canadian employer and work at a pre-determined salary on a full-time basis?

Getting an LMIA is not as easy as it sounds, the Canadian employers must go through a tedious process. This can make some of them hesitate to hire a foreign employer by giving them a work permit. The alternative option is to look for an immigrant who been granted permanent residency in the country.

Hiring a PR visa holder with the required qualifications will be a less tedious process and will be the first option for a Canadian employer is to look for a permanent resident who has the required qualifications. The other option is to select a candidate and encourage him to apply for a Canada PR visa. The bonus is a job offer from a Canadian employer that adds points to the CRS score of the candidate.

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