Immigration, Refugees, and Citizenship Canada (IRCC) offers several programs for Canadian employers to hire foreign workers from inside and outside Canada, with some of the major programs being the following:
- Labour Market Impact Assessment Program (LMIA);
- IEC Program;
- ICT C11 and C12 Programs; &
- Programs under International Free Trade Agreements.
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What is the Labour Market Impact Assessment or LMIA Program?
The LMIA is a popular immigration stream for Canadian employers to hire foreign workers inside and outside of Canada. Fundamental to this program, employers are required to provide evidence that they are unable to fulfill an employment position or positions by hiring local Canadian candidates (citizen or permanent resident) and as such, have a legitimate need to hire a foreign worker or workers who meets the skillsets and criteria of the advertised position. It is important to note that not all employers are eligible for the LMIA program and must meet stringent pre-conditions for application such as yearly revenue, number of employees, and duration of business existence. A successful LMIA application concludes that there are no or limited Canadian citizens or permanent residents to satisfy an employment position or positions, therefore enabling the employer to hire a foreign national or nationals.
How does the LMIA Process work?
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ADVERTISE JOB POSITIONAn employer must advertise the job position or positions. Employers are required to advertise on preauthorized job boards such as the Job Bank, among others. The advertisement must run continuously for at least 4 weeks, at which point an employer may make an application for LMIA provided that no suitable for candidates were found.
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SUBMIT APPLICATIONAn LMIA application requires extensive documentation relating to the advertised position and the applicant employer including position advertisement, business licenses, income statement, payroll statement, among other things. The purpose of such documentation is to demonstrate that the advertised position and employer are eligible for LMIA.
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LMIA APPROVALLMIA applications are generally reviewed in 10 to 20 business days. Generally speaking, processing times are faster for jobs which are the highest in demand and jobs paying the highest in wages. Once a positive LMIA application is received via mail or email, an employer may begin looking for a qualified foreign worker.
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APPLY FOR WORK PERMITFollowing receipt of a positive LMIA and a determination of a qualified foreign worker for such position, the employee may use the positive LMIA for the purposes of applying for a work permit. Alongside the positive LMIA, the employee must present a valid job offer from the employer carrying the positive LMIA.
Our LMIA lawyers are experienced and well equipped in handling LMIA applications. If you are an employer or an employee, feel free to contact our LMIA lawyers for a consultation.
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Other Immigration Programs to Hire Foreign Workers
Intra-Company Transfers (ICT)
Intra-Company Transfers are available to employers with a Canadian and foreign presence. Eligible employers may be entitled to transfer employees from foreign jurisdictions to Canada through an Intra-Company Transfer. If an application for Intra-Company transfer is successful, foreign workers are generally granted a work permit to work in Canada directly for the employer for a certain period of time. Employers and employees are required to met stringent eligibility criteria in order to be successful in applying for an Intra-Company Transfer.
International Experience Canada (IEC) Working Holiday Visa
The International Experience Canada (IEC) Working Holiday Visa is available to experienced foreign workers seeking to work in Canada for a limited period of time. The duration of the work permit is generally for a period of up two years in length and is made available to residents of 35 designated countries, including the United Kingdom. The IEC Working Holiday Visa is an opportunity for qualified foreign workers to live, work, and travel in Canada, with the flexibility of changing employers at any time due to the open work permit system under this program.
International Free Trade Agreements
Canada has several Free Trade Agreements in place with countries around the globe. Under some of these agreements, Canada is permitted to receive temporary foreign workers from other signatory countries. Generally, temporary foreign workers travelling to Canada for work must be tied to specific industries which are permissible by the Free Trade Agreements. Some of the Free Trade Agreements under which Canada is entitled to receive temporary foreign workers are the following: Canada-United States-Mexico Agreement (CUSMA); & Canada-European Union Comprehensive Economic and Trade Agreement (CETA).
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