Immigration Corner | Are there changes to the LMIA applications?

Immigration Corner | Are there changes to the LMIA applications?: 

Dear Miss Powell,

I am a small business owner, and I would like to apply for the LMIA (Labour Market Impact Assessment) to hire someone in Jamaica. The person would use this to support his application for permanent residence. Do you think my application will be approved? Are there changes to the LMIA application process? I know that there are a lot of restrictions now, so I don’t want to waste time and money if there is no chance of my application being successful. Thank you in advance for answering my question.

– A.V.

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Dear A.V.,

The Labour Market Impact Assessment, formerly called the Labour Market Opinion, is a report or document that some employers in Canada will need to get that authorises them to hire a foreign national. The report will state whether it is a negative or positive. A positive LMIA will indicate 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.

The government of Canada is still accepting applications, but has placed some limitations on the types of applications for LMIA, as there are indeed restrictions on who can enter Canada at this time. It is important that you visit the government of Canada’s website to download the latest forms and to note the latest updates. I will summarise the essential changes below.

RESTRICTIONS AT THE TIME OF APPLYING

Applicants are expected to submit all the required information and documents and the government will not just review the information submitted by the employer, but will also examine provincial/territorial websites and media sources to determine if the business is considered essential or subject to restrictions. If there are restrictions that affect the operation of your business at the time of assessment, this will be considered. If there are local or provincial restrictions to prevent the foreign worker from immediately performing his job duties, this could negatively affect the LMIA decision.

Therefore, it is imperative that you ensure that there are no restrictions to employment and your business when you submit the application.

WHERE TO SUBMIT APPLICATION

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The LMIA applications are now being processed according to the stream or job location, until further notice. The applications should be submitted electronically via fax or email. For example, for academics (university professors), medical doctors/specialists or registered nurses and High-Skill Programs Supporting Permanent Residency (under Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class), individuals should submit their application via electronic mail to: ESDC.ATL.TFWP-PTET.ATL.EDSC@servicecanada.gc.ca.

For the Live-in Caregiver/In-home Programme, seasonal workers and all agricultural streams, including high-wage and low-wage applications from British Columbia, Saskatchewan, Manitoba, Alberta, Northwest Territories, Nunavut and Yukon must be submitted via facsimile to: 1-866-720-6094 (toll-free).

LEGITIMATE JOB OFFER

Your job offer must be genuine and permitted. Therefore, it is up to you, as the employer, to clearly demonstrate that. There is a requirement that you submit additional supporting documents to demonstrate that your business and job offer are legitimate, and this is dependent on your history with the Temporary Foreign Worker Program and the type of LMIA application you are submitting.

If you have applied for an LMIA report before, the rules are simple. However, if you have never applied for a LMIA before, you will need to pass the business legitimacy test. You must submit documents which can confirm that you can fulfil the terms of the offer, that you are providing ‘good’ or valuable service in Canada. Most importantly, your job offer and the proposed employment must be consistent with the needs of your business.

If you are hiring a skilled foreign worker to support his or her application for permanent residence in Canada, you are required to provide proof that the business has been in operation for a minimum of one year prior to applying. Proof of address is essential to your application. Examples of proof of address: A driver’s licence, utility bill, provincial/territorial identification card, bank statement, Canada Revenue Agency notice of assessment or a statement of other government benefits, such as Canada Pension Plan, Old Age Security or Guaranteed Income Supplement.

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Be prepared to submit your Canada Revenue Agency documents such as your Notice of Assessment (NOA), showing that your income exceeds the low-income cut-off (see Statistics Canada website) if you are a family or private household hiring a worker to perform caregiver duties. You could also submit the previous year’s NOA. If your income is below the norm, you may submit an explanation and request for consideration due to an extraordinary circumstance. You should redact social insurance number from all the documents to protect your privacy.

There are additional documents and information that is required; therefore, I recommend that you contact an authorised Canadian immigration lawyer to assist you with your application. An experienced immigration lawyer can review your documents and assist you with the preparation of an accurate and eligible application.

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Deidre S. Powell is an immigration lawyer, mediator and notary public with office in Ottawa. You may connect with her via www.deidrepowell.com or call 613-695-8777.