From Abroad To Canada: A Step-by-Step LMIA Application Guide
by Mony Shah Job & Career 17 November 2023
An LMIA application is an acronym for the document required of an employer in Canada to provide before working alongside a foreign worker. It stands for Labour Market Impact Assessment.
If you are planning to apply for a work permit to relocate to Canada, you may need an LMIA document. This document is to prove that you are indeed needed to fill that particular job position. It is required of your employer to obtain this document. However, some job roles are LMIA-exempt; that is, they do not need this document to hire you.
In this article, we will go through the proper steps involved in filling out the LMIA application form for foreign workers (Formulaire de demande d’EIMT pour les travailleurs étrangers), including how to have a successful outcome in your application.
Who needs an LMIA?
To know if you need an LMIA, do your research before applying for a job. An LMIA is needed for employers that want to hire foreign skilled workers. More so, as a job applicant trying to apply for a work permit, you should check to confirm if your job position requires your employer to provide an LMIA document or not.
Though most job positions require an LMIA application form for foreign workers, there are some that are exempted due to certain conditions. Some include self-employed engineers, traders, intra-company transferees, technical workers, and French-speaking workers.
LMIA Application: How to Apply for it?
If you are unsure about how to opt for an LMIA application, below are a few steps that will bring you right back on track. Hence, make sure to go through the end and gain a comprehensive insight:
● Determine if you need an LMIA
Before applying for the LMIA, check if the open job position requires an LMIA. Do your research on types of LMIA and choose the one that best fits your needs. This is because some job types as well as positions may not require an LMIA.
● Inspect if there are any prohibitions contributing towards LMIA processing.
Look up the processes involved and possible prohibitions that may occur during the LMIA process, which may lead to your application being denied. Make sure that the LMIA stream you want to use has no prohibitions specific to it. This may be a ban on processing LMIA applications for the job position.
● Establish the minimum wage that companies should pay to international employees.
This is to ensure that your employer gets as comfortable as possible. Also, it will help make sure that you comply with the requirements that have been put in place.
● Depending on the wage rate and occupation, opt for the precise LMIA stream that is most suitable.
The job role and the wage rate will help you choose the particular LMIA type that you should go for. These may include the agricultural stream, temporary skilled workers stream, high-wage stream, low-wage stream, or other available ones.
● Curate a recruitment and advertising campaign prescribed by an LMIA stream
After going through the LMIA stream, get ready to prepare a recruitment plan and advertising campaign to source for a foreign worker. Ensure you follow the recruitment requirements specified by the LMIA stream of your choice. Finally, it involves the initial advertisement of the job positions to permanent residents and citizens.
● Finish out the package of the application
This should include all necessary paperwork, proofs of hiring, a recruiting summary, and supporting documentation. You may also hire an expert immigration consultant to assist during your application. Depending on your LMIA stream choice, gather the required supporting documents and include them in your application.
Processing a Successful LMIA Application
It might sound easy to draft a successful application for LMIA, but it is certainly not. There are various steps involved, and each needs careful consideration. Unlock these steps here:
● Be thorough and complete in your application.
When you are applying for the LMIA, ensure you fill your application completely with correct and comprehensive information. Make sure you check properly for errors or something you may have omitted that could risk a denial or rejection. If needed, provide necessary supporting documents.
● Make sure you meet all of the requirements for the LMIA application you are applying for.
Do your research and get in the habit of the requirements of the particular LMIA stream that you want to apply. Each LMIA application stream’s requirement differs. Hence, it is advisable to note the ones specific to your needs. Check that you meet the criteria for eligibility. Determine wage requirements, job advertising methods, and recruitment plans that suit the stream.
● Keep good records of your recruitment efforts.
This is important so that you have proof to show that you have actually tried to hire Canadians or permanent residents for this role before seeking foreign workers, adding notes on how a foreign will best suit the role. You can do this by keeping your own copies of the job advertisements and postings or resumes you received with interview notes and any other related documents. Consequently, you can provide all these as evidence when applying for the LMIA.
● Be ready to answer any questions that the LMIA officer may have.
Always be ready to supply more information that may be necessary during the assessment. Get familiar with every detail you have added to your application so you can back up every query that may arise, giving clear and straight-to-the-point answers. To avoid delays in the processing of your application, make sure you are cooperative throughout the evaluation period.
Follow these steps judiciously if you want to opt for an LMIA application. Further, this will help to improve your chance of a successful application.
However, if your application is denied, do not give up. Make necessary adjustments, avoid the things that may have caused a rejection, and reapply. Seek assistance from professional consultants if need be.