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LMIA - Hiring foreign worker to Canada

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In order to work hire foreign worker to Canada on a temporary basis, most foreign workers require a work permit.

For foreign workers, an offer of employment from a Canadian employer is usually required before the worker may be granted a Temporary Work Permit by Employment and Social Development Canada (ESDC). There are several steps to this process. Depending upon the foreign worker's country of citizenship, a Temporary Resident Visa (TRV) may also need to be obtained in order to enter Canada.

  • Step 1: Employer applies for Labour Market Impact Assessment (LMIA), if necessary.

  • Step 2: Employer extends Temporary Job Offer.

  • Step 3: Foreign Worker applies for Work Visa.

  • Step 4: Work Visa is issued at the visa office oversea and Work Permit will be issued upon arrival at port of entry in Canada.

First step for the Canadian employer

 

In order to hire foreign worker you must first apply for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada which is in jurisdiction of federal government. A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job.

Work Permits may be issued by Canadian immigration officials without the LMIA requirement in a limited number of situations, as follows:

  • Under international agreements, such as the North American Free Trade Agreement (NAFTA);

  • Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;

  • As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;

  • So that international students studying in Canada can fulfill academic requirements, known as co-op placements;

  • To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;

  • Because the nature of the work is charitable or religious;

  • In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.

Advertising requirement 

The requirement to advertising a job posting on the Government of Canada’s Job Bank will be extended to all employers in all provinces and territories. Pursuant to this change, employers located in a province or territory with a provincial or territorial job board will now be required to use the Government of Canada Job Bank.

In addition to using the Job Bank, employers must conduct at least two additional methods of recruitment that are consistent with the occupation they are seeking to fill. Employers located in a province or territory with a provincial or territorial job board may use the provincial or territorial job board as one of the additional recruitment methods.

The government of Canada calls this new feature its Job Match service, and the change affects both high-wage and low-wage Labour Market Impact Assessment (LMIA) applications. Employers hiring through the TFWP must first obtain a positive LMIA before a foreign worker may be hired for the position. The issuance of a LMIA serves as proof that no Canadian citizen or permanent resident was ready, willing and able to perform the job.

Our area of expertise

We process a significant number of LMIA application for the hospitality business (eg. restaurant), We also can have you screen your prospective employee from oversea. We are specialized in hiring a cook, chef or other related occupation in the industry.

We also process a quite number of LMIA application for the caregiver program. If you are interested to hire a foreign caregiver, we can provide you with a consultation along the process, with the new regulatory change, you may be eligible to have a government processing fee waive. We also can have you screen your prospective employee from oversea. However, please note that we are not a recruitment agency, therefore, we are not able to provide you with a recruitment service.

Fees information 

Government fee from $1,000

Representation fee from $2,690

Advertisement cost starting from $680

If you are looking to hire a foreign worker "Contact Us" for more information.

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