At Sultan Lawyers in Toronto, our team of highly knowledgeable workplace immigration lawyers regularly provides legal guidance and assistance to companies and other organizations seeking to bring in temporary foreign workers to fill a labour shortage. We help companies ensure they are in compliance with all requirements set by the government, including Immigration, Refugees and Citizenship Canada as well as Employment and Social Development Canada.
A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer may require prior to bringing in a foreign worker through the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). These programs allow Canadian employers to hire temporary workers to fill short-term labour shortages.
A positive LMIA, also known as a confirmation letter, will establish a need for a foreign worker to fill the job in question, and will show that no Canadian worker is available to perform the job.
Once an employer obtains an LMIA, the foreign temporary worker can then apply for a work permit.
Employers seeking to hire a temporary worker through the TFWP must first apply for an LMIA. In other circumstances, such as the movement of employees under NAFTA or GATS, a LMIA is not required.
Sections 204 through 208 of the Immigration and Refugee Protection Regulations outline which situations require an LMIA, and in which situations an LMIA exemption applies. The exemptions can get quite technical. Employers who are unsure whether they require an LMIA should consult with a knowledgeable workplace immigration lawyer before they set the process of bringing temporary workers to Canada in motion.
The Toronto employment lawyers at Sultan Lawyers advise a wide range of employers across various sectors on most issues stemming from the movement of employees. We provide guidance on whether an LMIA is required, help employers through the LMIA process, and supply proactive risk management to limit liability and ensure continual business operations. We offer flat rate consultations, specifically designed to provide our clients with the information and tools they need to manage their issue and keep business moving. Contact us online or at 416-214-5111 for a consultation.
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