The process of Hiring a Foreign Worker
Step 1 - Finding your company need a LMIA or not
Most firms require an LMIA before hiring a temporary foreign worker. Before you begin the hiring process, you must evaluate whether you require an LMIA. Employers are not needed to apply for an LMIA in some circumstances, but must submit an offer of employment through their Employer Portal on the IRCC's website. Their foreign employees can then apply for a work permit based on an LMIA-exempt job offer. Foreign employees are permitted to work in Canada without a work permit in specific circumstances.
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Step 2 - LMIA and Hiring a Foreign Worker with an LMIA
The hiring procedure for foreign workers varies in duration based on the type of job you are attempting to fill. A work permit requiring an LMIA can take anywhere from 3 to 6 months. Meanwhile, an LMIA-exempt work permit can take anywhere from two to three months to process, providing the foreign workers your company wants to hire are on top of their paperwork. A position that does not require a work permit may be more expedient because all that is required is a valid visa.
LMIA stands for Labour Market Impact Assessment, and it is required by Employment and Social Development Canada (ESDC) for each employment that is not exempt. Your organization requires a positive LMIA to demonstrate that no Canadian citizen or permanent resident is qualified to fill that post. The application process is extremely technical and may be confusing, however a experienced LMIA consultant can help you to complete this process very fast and easily.
Step 3 - Advertising the Job Position
Your company must post the job on the Government of Canada's Job Bank as well as two other websites (one national and 1 local at scope). Before posting the job announcement, it is critical to carefully evaluate the draught job advertisement to verify that all needed details are included. Your employer must supply advertisement proof that shows where, when, and for how long the position was advertised. Your organisation must continue to advertise on JobBank and review applications until your LMIA application is approved. Please keep in mind that the process may change depending on your company's circumstances.
Step 4 - Follow the Recruitment process
Your business must show sincere attempts to hire Canadians or permanent residents. How do you do that? Follow your standard hiring practises, including gathering resumes, screening, choosing the top applicants for interviews, and conducting interviews, but be sure to keep track of every step of the process. Some businesses create requirement efforts reports to submit with their LMIA applications; these reports provide a summary of each applicant's background and the reasons why they were turned down for the position in issue. Additionally, you will be required to present the outcomes of your recruitment efforts for the post.
Step 5 - Submit an application to ESDC
You have up to six months before the anticipated start date of the work to submit your LMIA application. The following files should be included in your application package:
LMIA application form for positions with high or low pay;
Documents demonstrating that your company: (a) has never had a compliance issue; (b) can complete all of the job offer's requirements; (c) is supplying a good or service in Canada; and (d) is providing employment that is in line with your company's needs.
evidence of employment;
employment agreement;
If applicable, a processing fee of $1000 per employee.
ESDC will process your payment when you submit your LMIA application and send you a letter with an LMIA file number. Each stream's LMIA processing time varies and might take anywhere from 10 working days to several.
Step 6 - Pass the interview with ESDC
You then need to succeed in a phone interview with an ESDC LMIA officer. The discussion’s goals are to evaluate any changes that may have happened since the LMIA application was submitted, confirm any information that was provided, and talk about the recruiting drive and its outcomes.
Step 7 - Receive a Decision
After the interview, the officer will make a decision, which is typically made within 3-5 days. You will be e-mailed or mailed your decision. If you want to receive your decision through email, tell the ESDC officer during your interview. If the result is positive, your foreign worker can begin the process of obtaining a work permit. If the decision is negative and you believe it is irrational, you may be allowed to request that a Program Manager examine it for correctness. Please contact us if you require assistance.
Step 8 - Assist the worker for applying the Work Permit
Once you receive a positive decision, the foreign workers you intend to hire can apply for work permits using the LMIA approval letter and Annex A. You should also provide the worker with a signed employment contract, and a Letter of Support for the Visa Office to support your worker’s work permit application.
LMIA applications that are incomplete are not processed or returned. This process may cause delays for your organization, affecting your workers. To avoid this with your LMIA application, your company should seek professional assistance.