Introduction
The Temporary Foreign Worker Program (TFWP) is a way through which Canada can replenish its labour force in situations. In which there are no competent workers available Canada to do a particular task. An application for a Labour Market Impact Assessment (LMIA) is often required of a business that wants to recruit a foreign worker in Canada.
Individuals need to submit these applications to the Canadian government. An assign examiner assesses these applications via resolving. Whether, the foreign worker’s employment would have a positive , neutral, or negative impact on the labour market in Canada. Among other concers, it must be evident that no competent Canadians were passed over in favour of a foreign worker. In addition, the foreign worker receives pay and benefits that match the federal and provincial standards.
High-Wage Workers
Employers that want to recruit employees at high wages (wage greater than provincial median wage) must submit transition plans and their application for an LMIA. It guarantees that employers try to minimise their dependence on temporary foreign workers over time.
Employers may demonstrate this by providing evidence of their investment in skills training or by stating that they have hired Canadian apprentices, for example. The evidence that higher wages attract more high-quality applicants for new jobs is extensive. Offering higher wages resulted in an applicant pool with a higher IQ, personality scores, and motivation, making them a better fit for the advertised jobs. Furthermore, the first firm to offer higher wages is more likely to attract and retain more productive workers.
The LMIA process differs depending on whether the targeted employee is classified as “high-wage” or “low-wage.” Temporary foreign workers get lower pay than the provincial/territorial. The Median wage and low-wage come under the same level. The high wage employees come receive more pay than median wage employees. Certain provisions differ depending on whether a prospective employee is classified as high-wage or low-wage. Alternately, companies can show how they are aiding their high-skilled temporary foreign worker(s) in becoming permanent residents of Canada. If the employer is selected for an inspection or wants to renew their LMIA. They have to report on the status of the transition plan filed by them.
Workers Making a Meager Wage
Employers that want to recruit low-wage workers are exempt from the requirement that they submit transition plans together with their application for a Labour Market Impact Assessment (LMIA). They are required to operate according to a distinct set of criteria.
To restrict access to the Temporary Foreign Worker Program (TFWP) while, you have to ensure considering candidates first for suitable positions. The Government of Canada has imposed a ceiling to limit the number of low-wage temporary foreign workers that a firm may hire.
In addition, LMIA processing may be denied for some low-income jobs. Employers with ten or more workers are subject to a limit of 20 per cent on the percentage of their workforce that may consist of low-wage temporary foreign workers if they apply for a new LMIA. This cap applies to the proportion of their workforce that can be low-wage temporary foreign workers.
If you want to promote your foreign worker, you must first demonstrate a labour shortage for the new position, obtain an approved LMIA, and then have the foreign worker obtain a new work permit for the new position. After an employ receives a new work permit, they will be eligible for promotion.
What is LMIA in Canada?
The Canadian Foreign Work Program has received a lot of attention, and for the majority of temporary workers. It served as a springboard to finding work in Canada. Home LMIA applications and skilled labour positions.
LMIA stands for Labour Market Impact Assessment. It is a sort of evaluation that the Canadian government utilises for specific organisations wishing to attract overseas talent. It analyses whether an offer of employment to a foreign national will harm the domestic employment market. Suppose such an offer of work would not have a detrimental effect. In this case, the company will issue a positive LMIA and authorise to offer the positions to a foreign citizens. Candidates who match the requirements of one of nine different streams can be nominated for immigration to Nova Scotia, with a three-month processing time objective.
LMIA Processing Times
The average LMIA takes 6-8 weeks to complete. This allows for the minimum 4-week period of advertising to run, as well as time for translation of advertising and document provision by the employer.
Employer’s response to the requested information will determine the timeframe. The delays in providing documents and information will also delay the overall process. It should be noted that there are some occupations where the advertising period is shorter (agriculture) or where advertising is not required (highly skilled, highly paid occupations under the Global Skills Strategy). However, vast majority of cases will require advertising periods.
How complete or correct the application is is a major influencer on LMIA processing time. The application form is quite detailed, & for good reason. ESDC/Service Canada must ensure that hiring a TFW does not result. In the loss of a job for an eligible Canadian citizen or permanent resident.Furthermore, the government must confirm that the employer is a legitimate business, that there is an actual job available, and that the TFW is qualified to do that job.
The application specifies what documentation the employer must provide. If that documentations are not include with the application, it will be reject.
After receiving an LMIA, the foreign worker can apply for a work permit. A work permit is generally required for any business-related activity carried out in Canada by someone who is neither a Canadian citizen nor a permanent resident of Canada and for which remuneration is received or would reasonably be expected to be received.
Foreign nationals may be exempt from these requirements in certain circumstances. Intra-company transfers, for example, are exempt from the need for an LMIA. They may apply for work permits. If they want to work in Canada for a multinational corporation’s parent, subsidiary, branch, or affiliate. They must be in a position of executive, senior management, or specialised knowledge and must have previously worked.
ESDC offers a relatively rapid response time for LMIA applications. Some companies should anticipate getting a response within ten business days. However, ESDC might take a few months to reply to your application during peak application seasons. So, Canadian firms must plan their applications correctly by establishing a 1 or 2 months buffer period. This delay may also affect workers’ timing of work permit applications.
How Much Does LMIA Cost?
If the employer intends to hire a higher-wage worker, they must provide a transition plan outlining how they will hire more Canadians and reduce their reliance on the TFW programme. Furthermore, the employer should not underpay you, which means that they should not pay you less than the prevailing wage or the regular wage.
As a result; they should pay the prevailing wage for that occupation or the regular wages in that company (whichever is higher). The employers; paid more for a high wage occupations. Which means the Labour Market Impact Assessment is more extensive in terms of the application than low wage worker applications.
LMIA application cost is $1000 per proposed post. The employer is liable for the application fee and accompanying legal service fees. For example, to recruit five foreign workers, The employer must submit five individual LMIA applications. They will cost the firm $5000 in application costs alone.
LMIA Advertising Requirements
Employers must keep job postings up for at least 30 days. This 30-day period must fall within the three months preceding the LMIA application submission. It implies that applications submitted after three months may be rejected as incomplete, necessitating a new 30-day advertising period by the company. At least one of the three recruitment actions to find eligible Canadians must be ongoing until the government issues a favourable or neutral LMIA to the company.
The Way Immigration works with Canadian employers who are in the process of hiring foreign workers to work in Canada on a regular basis. We would delighted to assist your company. In developing an immigration strategy that focuses on maximising your use of the temporary foreign worker programme while minimising your company’s cost and hassle.
To be eligible to engage a temporary foreign worker, you must establish that you made extensive attempts to recruit domestic workers but could not locate a suitable one. You must promote the job for at least four weeks on the Government of Canada’s Job Bank website and utilise at least two other recruiting strategies for high-wage LMIA application.
Employers must market the job to underrepresented groups. These groups feature Indigenous folks, vulnerable youth, immigrants, and persons with disabilities in case of Low-wage LMIA application. Namdev immigration is best option for applying LMIA application.
