SWICANADA

EMPLOYER

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Before a Temporary Work Permit can be issued, a Canadian employer who wishes to hire a temporary foreign worker may need to apply for and be granted a positive Labour Market Impact Assessment (LMIA) by ESDC, which will grant a positive LMIA if it is satisfied that there is no Canadian citizen or permanent resident is available to do the job.

All employers who wish to apply for LMIAs must file an application to the Employment and Social Development Canada (ESDC) and pay a $1,000 processing fee for each position.

Employers needs to have an operating/functioning business, providing either a good or a service related to the job offer made and must be actively engaged in the business.

Employers must first search for Canadians and Canadian Permanent Residents willing and qualified to fill the vacancy, this means that the job position must be advertised in Canada to give Canadians a chance to apply for the position prior to an offer being made to the foreign national. Once the advertising has been completed in the prescribed manner, and if no qualified Canadian has applied for the position, the Canadian employer can then apply for an LMIA. A positive LMIA indicates that there is a need for a foreign worker to fill a vacancy in Canada and that there is no Canadian worker available to do the job.

When assessing an offer of employment, the human resources authorities will consider the following factors:

  • Whether the job offer is genuine
  • If the wage offered to the foreign worker is consistent with the average wage for the occupation in the area the position is located
  • If the employer conducted reasonable efforts to find a Canadian or Permanent Resident for the position
  • Whether the hiring of the foreign worker is to fill a labour shortage
  • If the employment of the foreign worker will directly create or retain job opportunities for Canadians
  • If the foreign worker will transfer new skills and knowledge to Canadians
  • Whether the hiring of the foreign worker will affect a labour dispute

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

  • International agreements, such as the North American Free Trade Agreement (NAFTA)
  • Significant economic, social or cultural benefits the work activity will bring to Canadians
  • Mutual agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs
  • International students studying in Canada can fulfill academic requirements, such as co-op placements; and post graduate work permits Spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada
  • Charitable or religious work
  • Refugee claimant who need to support themselves
Once the LMIA is granted, the Canadian employer can provide a temporary job offer to the foreign worker. The employer must send a copy of the positive LMIA along with a detailed job offer letter to the foreign worker.