Labour Market Impact Assessment
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You could also obtain a Labour Market Impact Assessment (“LMIA”), which could allow you to obtain extra points, depending on the job offer available. It would have to be in a skilled, managerial or executive role.
In order to apply under the LMIA, the Canadian employer would have to show that no Canadian citizen or permanent resident can do the job. This is done by advertising the role for at least four weeks and then having the application processed by Service Canada, which is a Canadian Government body. This whole process can take four to seven months, once the adverts have been posted. As discussed, there are three types of LMIAs we can look at:
This is where the employer only needs you for a specific period of time and after that time has elapsed you would be required to leave Canada and return to your country of citizenship or legal residence;
This is where the employer needs you in Canada immediately and is willing to sponsor your permanent residency application;
This is where the employer does not need you right now, but is willing to provide you a permanent job offer once you have permanent residency in your own right.
All three types of LMIAs will take approximately four to seven months to process, and the first two (temporary and dual LMIA) have a government filing fee of $1,000 which the employer must pay. The PR LMIA does not attract a fee.
Labour Market Impact Assessment Process
- Identify the employment role, function/duties and wages (including bonuses/benefits as applicable). In addition, information about the business will be required (e.g. company tax returns, Business Registration Number, the number of employees, etc.);
- Advertise the role through several mandatory federal resources for a minimum of four consecutive weeks. Please note that the adverts must remain posted and live until we receive the approval;
- Collect, review and evaluate all resumes that were submitted in respect to the advertisements and provide an explanation for each, if the candidate is found to be unsuitable;
- Upon completion of the advertisement, submit an LMIA application to Economic Services and Development Canada (“ESDC”). ESDC will review the recruitment efforts (steps 1-3 above) and the potential role, and then make a decision on the application. Please note that it is currently taking a minimum of 4-8 weeks for this process alone, so we need to start this procedure as soon as possible;
- There may be government application fees of CAD $1,000 (excluding applicable tax), which must come directly from the employer and cannot be reimbursed by the potential employee.
- EDSC may reach out to the employer via email/telephone, to confirm details of the business and/or job posting. As the legal representatives, we can be on the call as well;
- Once ESDC has made a decision, if it is positive, they will issue you with an LMIA Confirmation Number to use with your future immigration matters. If the decision is a negative one, ESDC will provide reasons and rationale for the same.
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