As an employer in Canada, you must know about the LMIA application process when hiring foreign workers. If the application gets rejected, you won’t be able to employ a professional from abroad. Considering it takes some time and a fee to apply, it is better to come prepared. 

In this article, you’ll find all you need to know about LMIA vacancies and the common mistakes to avoid during the application process. Collaborating with Jooble professionals, we’ve compiled all relevant data and resources in a short guide. 

What is LMIA about?

The Labour Market Impact Assessment is a document any employer in Canada must obtain before hiring a foreign professional. The procedure’s primary purpose is to ensure that there is no negative impact from such a hiring decision. 

If the LMIA is positive, it means no Canadian or permanent resident specialists can fill the position. Thus, the employer can hire someone from another country. 

If the LMIA comes negative, it means that you cannot hire a foreign professional. The negative results don’t automatically mean that there are Canadian/permanent resident specialists for the job. Often, it is a result of mistakes made in the application. 

Steps to Take Before Filling the LMIA Application

First of all, it is vital to make sure you need to go through this process. The application fee is CAD 1000 and will not be returned even if the result is negative. Also, checking the regulations and exceptions allows employers to avoid several issues. 

1. Check what jobs do not require LMIA according to the International Mobility Program. 
2. If the case qualifies for an exemption, the employer must pay a compliance fee (CAD 230) and submit an official job offer through the IMP Employer Portal. 
3. After that, if exemptions do not apply, check whether the job you offer applies to LMIA. 
4. Figure out if your business is eligible to apply for LMIA in the first place. 

Businesses found non-compliant by the employer compliance review do not qualify for an LMIA application. The same goes for employers banned from the Temporary Foreign Worker Program (based on inspection or monetary disciplinary penalties).

Common Mistakes to Avoid with LMIA Application 

If an employer qualifies for the procedure and fails to find a Canadian/permanent resident employee, they can fill in an LMIA application. 

The foreign worker can apply for a work permit only after a positive result. Only Canadian employers can apply for LMIA; workers cannot do it alone. Now, let’s review the common mistakes to avoid during this process. 

Failing deadlines

One of the common problems is that some fail to meet deadlines. Always check the due dates with ESDC and consider applying beforehand. You can start six months before the starting date of a position. 

Poor/inadequate job advertising

One of the main requirements of the form is to show proof that you cannot find a Canadian/permanent resident worker to fill the position. The employer must show extended effort in looking for specialists within the country. 

Ensure you properly advertise the job with different resources and for a designated amount of time before applying. 

Incorrect wage estimations

You must include data on the TFW wages. It categorizes the position into high-wage or low-wage positions. The wages must not be lower than prevailing regional wages. Always check the regional rates before applying. 

Please note that low-wage positions come with additional requirements in the LMIA procedures (employers have to provide transportation and housing for foreign workers.)

Failure to provide all required documents

Completing the application is a tedious process. Make sure you have all the necessary documents in there. It starts with a proper job description and proof of recruitment efforts and goes up to business legitimacy documents. 

Choosing the wrong LMIA stream

LMIA applications are divided into several streams. Each of them comes with a specific set of regulations. If you apply to the wrong stream, you may fail those, which results in rejection. 

Additional Considerations

Quebec has a facilitated LMIA process that differs from that of other parts of the country. Often, employers do not need to give evidence of recruitment efforts within the country. There are other differences as well, so check them separately if applicable. 

Other considerations for LMIA procedure include: 

• Paying the processing fee on time; 
• Providing accurate information; 
• Complying with language requirements; 
• Cooperation with Service Canada Officers. 

It is always a valid option to seek professional assistance to enhance the process and eliminate risks. 

LMIA application Sources

1. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html
2. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal.html
3. https://www.canada.ca/en/employment-social-development.html
4. https://www.canada.ca/en/employment-social-development/services/foreign-workers/quebec/simplified-process.html