Looking to get hired under the LMIA program, or to hire a temporary foreign worker?
In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers (there are limited exemptions). 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.
LMIA applications should demonstrate:
- Efforts were made to recruit Canadian citizens or permanent residents
- Working conditions meet the current provincial labour market standards
- Wages are persistent with the current wage rate for Canadian citizens and
permanent residents in the same occupation in the same region - Transition plans for high-wage positions demonstrating efforts to hire Canadian
workers in the long-term
The LMIA process will vary depending on whether the targeted employee is classified as high-wage or low-wage.
High-Wage Worker
When a Canadian employer is targeting a high-wage worker, they are required to submit a transition plan with their application that will demonstrate an increased effort in hiring Canadian workers for the position in the long-term. The transition plan must demonstrate a
decreased reliance on foreign workers. A high-wage worker is anyone making more than the hourly minimum wage for a given
occupation in a particular region. The transition plan is used to demonstrate that the TFW Program is being used as a last resort when for a temporary position when a qualified Canadian worker is not available.
Low-Wage Worker
Canadian employers are limited in the number of foreign workers they are able to hire for a posted position. This is to ensure that Canadians are always considered first for a job. Certain low-wage occupations can be refused for LMIA processing and certain restrictions and a cap can be placed on Canadian employees.
Canadian employers offering a low-wage position must:
- Ensure that affordable housing is available for potential foreign workers
- Provide a contract to the employee
- Register the employee with the proper federal/provincial safety board
- Pay for round trip transportation
- Pay for private health insurance until the foreign worker become eligible for
provincial health coverage
Find Out More
To determine your eligibility as a Canadian employer or a foreign worker, please contact us. Read more about our immigration services here.
The information provided on this blog is for general informational purposes only and does not constitute legal advice or a legal opinion. No solicitor-client relationship is created by your use of this site or by any communication sent to Guthrie Law through this website. While we endeavour to keep the information up to date and correct, laws in Ontario change frequently. You should not act or rely on any information on this website without seeking the advice of a qualified lawyer regarding your specific situation.
