LMIAs
Need to Hire a Foreign Worker for your Canadian Company? You may need an LMIA!
Here at Bellissimo Immigration Law Group PC we work on LMIAs on a weekly basis. A well prepared, thorough and successful LMIA application may be the difference between strengthening, advancing and or expanding your business and continuing exhausting and empty searches and holding your business back.
In most cases, employers are required to apply for a LMIA before they can hire foreign workers (see exemptions including CUSMA/NAFTA and GATS). In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required. As of 4 April 2022, a positive LMIA will be valid for 18 months from the date of issuance.
LMIA applications should show the following:
- Efforts made to recruit available Canadian citizens/permanent residents;
- Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region;
- Working conditions for the occupation meets the current provincial labour market standards;
- Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge; and
- Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.
A positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one to three years, under certain conditions, if granted.
LMIAs are overseen by Employment and Social Development Canada (ESDC) / Service Canada (SC) and have an associated application fee of $1,000 for each position applied for and applicable legal fees that range depending on the complexity and number of workers being sought.
There are shorter processing times of 10 days available for highest-demand, highest paid and short-duration occupations, i.e. skilled trades, top 10% of pay bracket, and for positions that are less than 120 days.
On 4 April 2022, the Canadian government announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map, with five key policy changes that aim to address current labour shortages and further the government’s ongoing efforts to adjust and improve the TFW Program. These are welcomed developments but it also means the most current information, policy and law must be applied to LMIA applications. Be it here or elsewhere seek the assistance of an authorized representative as most of these applications are challenging.
Effective 4 April 2022:
- The Seasonal Cap Exemption is made permanent. There will be no limits to the number of low-wage positions that employers in seasonal industries, such as fish and seafood processing, can fill through the TFW Program. Additionally, the maximum employment duration of these positions will be permanently increased from 180 days to 270 days per year.
- Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months. Prior to COVID-19, LMIAs were only valid for 6 months.
- The maximum employment duration for LMIAs processed under High-Wage and Global Talent Streams will be extended from two years to three years. This change will not only reduce the administrative burden of employers utilizing the TFW Program, but also help foreign workers access pathways to qualify for permanent residency.
Effective 30 April 2022:
- Employers in seven sectors will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year. These seven sectors include Food Manufacturing, Wood Product Manufacturing, Furniture and Related Product Manufacturing, Accommodation and Food Services, Construction, Hospitals, and Nursing and Residential Care Facilities. All other employers will be able to hire up to 20% of their workforce through the TFW Program for low-wage positions until further notice, an increase from the former 10% cap.
- The Government will end the current policy that automatically refuses LMIA applications for low-wage occupations in the Accommodation, Food Services, and Retail Trade sectors in regions with an unemployment rate of 6% or higher.
Considering the lengthy process of LMIA applications, Service Canada also implemented measures to expedite the processing of LMIA applications so that employers can hire foreign workers in a timely manner. These measures include increasing staffing resources, as well as encouraging submission of LMIA applications through online portal. Nonetheless, stringent checks undertaken through the LMIA process will not be affected to protect temporary foreign workers and labour market conditions.
We are here to help and offer you a candid assessment if you do in fact qualify for an LMIA. So take the necessary step to obtain sound legal advice before taking any other steps. You have determined what you need for your business now determine what you need for an LMIA. We have helped thousands over decades of a very proud history and we are as passionate about our work today as we were when we first opened our doors.
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I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
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It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
Despite delays caused by longer processing times during COVID, the team remained supportive throughout. A special mention to Ms. Lijing Cao and her associates, who managed my applications from start to finish and played a crucial role in securing my permanent status.
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We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise.
Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case.
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