Labour Market Impact Assessment (LMIA) Is Like an Entry Card for Foreign Workers in Canada!!!!
Karma Management has now become Karma Management Global Consulting Solutions Pvt. Ltd. which was incorporated in the year 2004, and has now completed almost 18 years of its existence.
As late as April 2021, Karma Global took a very bold step of venturing into foreign shores in terms of shoving up its business prospects in countries like the US, UK, UAE, Canada, the Philippines, and South East Asia.
It has already made its mark in terms of providing excellent services in the areas of payroll, outsourcing, recruitment and talent acquisition, negotiations, immigration, work permits, visas, facility management services, and regulatory compliances including employment contracts in these foreign countries as well.
In fact, the CVO and MD, Pratik Vaidya of Karma Global were selected by SME Forum earlier this year, to lead a Select US Summit where he took along a delegation of over hundreds of SME Members for business discussions with the authorities in the States as well as with the entrepreneurs and Innovators of many countries who were present in this forum.
A few months back, Pratik Vaidya, CVO & MD of Karma Management Global Consulting Solutions Pvt Ltd went on a Europe tour, participating along with Advantage Austria and brainstorming on the ecosystem of Startups in Salzburg, Austria.
Karma Global thus entails the compliances of global clients in these countries as well, and in keeping with the global scenario, it does keep a very hard track on the status of global compliances all around the world and especially so, it keeps an update on what is happening around the world as far as people, wages, work, benefits, employment contracts, negotiation, immigrations, and unions are concerned across the globe.
Before We Go into The Process of Hiring of Foreign Workers in Canada, Let Us Look Briefly at What LMIA Means ….!
What is a Labour Market Impact Assessment (LMIA)?
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker:
A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.
If the employer needs an LMIA, they must apply for one
- An LMIA confirms that:
- there is a need for a temporary foreign worker
- no Canadians or permanent residents are available to do the job
And to check to see if you and the temporary foreign worker you want to hire are exempt from needing an LMIA or work permit, do one of the following:
- review the LMIA exemption codes and work permit exemptions
- select the LMIA exemption or work permit code that seems most relevant to your hiring situation and read the detailed description
- if an exemption code applies to you, you’ll need to include it in your offer of employment; or
- contact the International Mobility Workers Unit if you’re hiring a temporary foreign worker who is both currently outside Canada
- from a country whose nationals are visa exempt
Once an employer gets the LMIA, the worker can apply for a work permit.
To apply for a work permit, a worker needs
- a job offer letter
- a contract
- a copy of the LMIA, and
- the LMIA number
How to hire if you need an LMIA
The Temporary Foreign Worker Program lets you hire temporary foreign workers to fill labor and skill shortages.
Once an LMIA has been issued, you should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit.
You’ll need an LMIA from ESDC, Service Canada.
How to hire if you don’t need an LMIA
The International Mobility Program lets you hire temporary foreign workers without an LMIA. Check the LMIA exemption code that matches your respective job posting.
If you hire a temporary foreign worker through the International Mobility Program, you need to
pay an employer compliance fee
and submit an offer of employment form through the Employer Portal.
This must be done before the temporary foreign worker you want to hire can apply for a work permit.
HOW DO I HIRE TEMPORARY FOREIGN WORKERS IN CANADA?
There are 3 basic steps to hiring a temporary foreign worker:
- Get a labour market impact assessment or submit an offer of employment
- Has the worker applied for a work permit?
- Tell the worker what to expect from their application
Before you create an offer of employment in the Employer Portal
Make sure that
- you haven’t charged any recruitment fees to the foreign worker
- anyone acting on your behalf doesn’t charge recruitment fees to the foreign worker
- you give the foreign worker a copy of an employment agreement in their chosen official language (English or French) that is signed by both you and the worker
includes information on their occupation, wages, and working conditions that you’ll need to then enter into the Employer Portal under “offer of employment”
you give the foreign worker information on their rights as a worker in Canada.
Get an LMIA or submit an offer of employment
Find out if you need a Labour Market Impact Assessment (LMIA). The LMIA will verify that there’s a need for the job you are offering and that there is no Canadian worker available to do it. Read about the Temporary Foreign Worker Program to find out more about LMIAs and where to apply.
If you don’t need an LMIA, submit an offer of employment, complete the employer attestations and certifications, and pay the employer compliance fee using the Employer Portal. Give the offer of employment number to the worker you want to hire so they can apply for their work permit.
Some employers don’t need to submit an offer of employment in the Employer Portal or pay the employer compliance fee. Find out if you are exempted.
Learn how to submit a job offer through the Employer Portal.
Has the worker applied for a work permit?
Once you have an LMIA number or an offer of employment number, send those details to the worker, along with your job offer. They need to use this information to apply for a work permit.
If you are exempt from the employer compliance process, send the worker your job offers. They can use it to apply.
Tell the worker what to expect from their application Tell the worker that they will receive a letter of introduction when their work permit has been approved. The actual work permit is issued by a border services officer at the port of entry when the worker arrives in Canada. If the worker is already in Canada and eligible to apply, we will mail the work permit to them.
Will there be any Inspections?
Canadian employers who hire foreign nationals may be subject to inspections during the first six years of employment under a foreign worker’s work permit.
Inspections may be required if the government receives a complaint of non-compliance with a Labour Market Impact Assessment, a past finding of non-compliance with a Labour Market Impact Assessment is found, or simply by random selection.
Inspections ensure that the terms of employment specified in a Labour Market Impact Assessment are being followed and that workers are being treated fairly.
CONCLUSION:
Key Takeaways for Professionals – Canadian Employment Connections
Canadian Employment Connections is funded by the Government of Canada.
Canadian Employment Connections (CEC) is a free pre-arrival employment program that offers virtual services to prepare internationally trained professionals for the Canadian job market as they prepare to immigrate to Canada. The program assumes a sector-focused approach, examining in-demand jobs across six Canadian sectors and the skills required to land these roles.
If you are interested in applying for the program, please fill out the online registration form. If you have questions about the program or eligibility, please contact our program team.
- Program Components
- Program benefits
- Program Eligibility
- Program fees
- Prepare for your job search from your country of residence even before your arrival in Canada
- One-to-one support from an Employment Consultant who is knowledgeable about the sector
- The program brings together ACCES Employment’s expertise and vast network of Canadian employers in the following sectors:
- Engineering
- Financial Services
- Human Resources
- Leadership
- Sales and Marketing
- Supply Chain
Karma Global plays an important role in immigration consultation through its offices in Canada, the US, the USA, UAE, and South East Asia.
When it comes to legal issues related to immigration, you want to make sure that you have an experienced Organization on your side representing you throughout your case and for filing documentation on your behalf, representing you at immigration court hearings, and assisting you with other matters that are related to your case, then you can place your bet safely on Karma Management Global Tech Management LLC who have the expertise and the regional experts to help you out.
Karma Global does a lot of overseas hiring and constantly aims to broaden the talent pool, build cultural diversity, and lower employer costs.
It is true that hiring internationally, one has to navigate a new host of employment laws. Specifically, employment contracts comply with each new hire’s local labour laws, tax requirements, statutory benefits, and other hard-to-manage compliance considerations and Karma Management believes in all of these and follows the regulatory compliances to its fullest level.
HOW DOES KARMA GLOBAL ADHERE TO GLOBAL COMPLIANCES?
Karma Global follows proper global compliance methods to mitigate the risks that can affect its growth and to act on compliance management internationally, it takes the following necessary steps:
- Incorporation of Compliance in The Business Process!
It has a clear understanding that all compliance processes will be incorporated and embedded inside our internationally proven technology while building any new businesses or contracts and will develop business policies along with developing the compliances so that they are in sync with each other and operate side by side fully integrated and interlinked.
- Inclusion of Responsive People!
It follows a policy to incorporate the right people in the compliance process to adapt and work on the changes.
- Keeping an Eye!
All the local, regional and international staff of Karma Management make it a point to keep themselves abreast of all the changes and happenings and to be fully updated with the organization’s compliance process and the required measures and the methods to be followed for each of the global and domestic clients.
Proprietary blog of Karma Global Tech Management LLC
This blog has been collated and compiled by the internal staff of Karma Global with the knowledge and expertise that they possess, for its monthly newsletter Issue 07 of January 2023 in case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team – Kush@karmamgmt.com / yashika@karmamgmt.com