Expert advice to Canadian employers: Five tips to hire a foreign worker when a Canadian is not available

A Work Market Effect Appraisal (LMIA) and a brief work grant must be acquired before an outside national can start working for a Canadian business under the Impermanent Remote Laborer Program (TFWP).

The TFWP allows Canadian employers to address genuine labour shortages that have been corroborated by the federal government.


LMIAs affirm that a business has found a way to enroll a Canadian laborer for the position they are looking to fill and that there will be a positive or nonpartisan effect on the Canadian work showcase if the business enlists the remote specialist. When a business gets the LMIA, the laborer can apply for a work license. To apply for a work grant, a specialist needs an employment bid letter, an agreement, a duplicate of the LMIA, and the LMIA number.

The number of assessments has been on the rise since 2015 when 89,000 temporary foreign workers were approved for an LMIA. By 2018, this number had risen to 108,000, according to Canadian government data. Preliminary data suggests the figures continued to rise in 2019 with 89,000 LMIAs approved in the first three quarters of the year. This is a function of Canada’s labour market being at near full employment. Due in large part to its rapidly ageing population and low birth rate, Canada’s unemployment rate has been historically low in recent years and currently stands at 5.8 per cent.

If you are a Canadian employer considering applying for an LMIA, here are five tips to increase the likelihood that your application will be approved by the federal government.

 Tips for a successful LMIA

1. Choose the correct NOC code

The initial step is to recognize and choose the National Word related Order (NOC) code that precisely mirrors the job to be filled by the outside national. The NOC is Canada's national framework to portray occupations dependent on their principle obligations and necessities, for example, the degree of instruction normally required for each activity.

In order for the federal government to properly assess the impact of hiring a foreign worker in a given occupation, that occupation must be clearly and correctly defined to ensure that there is a neutral or positive impact on the Canadian labour market. If they find a discrepancy between the chosen NOC code and the duties and responsibilities to be performed by the foreign worker, the application may be refused, as misidentification of the NOC code has implications at all stages of the application.

2. Allocate the correct salary according to the NOC code

While contracting an outside laborer, it is significant that the compensation offered by the Canadian manager coordinates the compensation got by Canadian specialists in a similar occupation. The pay proposed in the LMIA application must be equivalent to, or more noteworthy than, the middle compensation of the NOC in the geographic territory of Canada where the activity is found.

The federal government is very strict about this salary requirement, so if it is not met, the application will not be approved.

3. Identify the correct stream through which to apply

While the objective of all LMIAs is to determine the impact of hiring a foreign worker on the Canadian labour market, not all LMIAs are the same.

There are different types of LMIAs that can be pursued and the best one in any given situation depends on factors such as:

• the occupation to be filled by the foreign worker,
• the purpose for which the LMIA is being submitted.
• the ownership structure of the Canadian company vis-à-vis the foreign worker,

Erroneous recognizable proof of the stream could bring about longer preparing occasions and an improved probability that the LMIA will be won't.

4. Ensure correct advertisement and ongoing recruitment efforts

Since the objective of the LMIA application is to demonstrate that there were no Canadians available to do the job, attempts to recruit Canadians must be well documented and authentic.

A typical explanation behind the dismissal of LMIA applications is unacceptable enrollment endeavors. While the government doesn't give explicit rules right now, must be posted in sources that are adequate to the government and must contain the necessary data.

 While most ads must be posted for only 28 consecutive days, at least one of the ads must remain active until the LMIA is approved.

5. Verify that all forms and documents are complete before submitting

The fifth and last tip is to twofold check your application before submitting it to the national government. 

A LMIA is an unpredictable and requesting application that includes the accommodation of numerous archives and the finishing of numerous administration structures. Apparently irrelevant mistakes can risk or if nothing else draw out the preparing of the application.

Since the objective of the LMIA is to protect Canadian workers from foreign nationals encroaching on their jobs, these applications are scrutinized very closely and may be refused if they do not comply with the requirements set out by the federal government.

Given how thorough the LMIA procedure can be, it is energetically suggested that Canadian businesses look for proficient direction to help them effectively and productively explore the procedure.



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