As a Regulated Canadian Immigration Consultant, I am often asked about the Labour Market Impact Assessment (LMIA) process, specifically regarding the payment aspect and potential risks. In this blog post, we will delve into this crucial aspect of the Canadian immigration process.
Understanding the LMIA
An LMIA is a document that an employer in Canada may need to obtain before hiring a foreign worker. Essentially, it's a certification from the Employment and Social Development Canada (ESDC) that confirms there is a need for a foreign worker to fill a specific job and that no Canadian worker is available to do the job.
Paying for an LMIA
The employer is responsible for paying the LMIA application fee, which currently stands at $1,000CAD for each position requested. The payment can be made online, through the ESDC payment system, via credit card or debit card.
The application fee is non-refundable, even if the LMIA is refused or cancelled. Employers need to ensure their application is accurate and complete to avoid unnecessary expenses.
Risks for the Employer and the Foreign Worker
It's fundamental to understand that it is illegal for an employer to recover the LMIA fee from a foreign worker in Canada. This means the employer cannot deduct the LMIA fee from the worker's wages or ask the worker to repay it in any other way. An employer can also not charge any additional fees to the worker for recruitment to the foreign worker.
If an employer is found to be in violation of this rule, they could face significant penalties, including a ban from hiring foreign workers, financial penalties, and in extreme cases, imprisonment.
For foreign workers, agreeing to pay the LMIA fee or any other costs associated with obtaining it could lead to serious consequences as well. This could range from having their work permit application denied to being found inadmissible to Canada for criminal activity.
Final Thoughts
The LMIA process plays a crucial role in ensuring the fairness of Canada's labour market. While it can be a complex process, understanding the financial obligations and potential risks can safeguard both employers and foreign workers from potential legal issues. As demand grows for LMIAs in Canada, it can be tempting for both parties to involve additional payments, but it is important to note that recent legislation has given the government powers to audit employers. As such, we recommend that both employers and foreign workers resist engaging in such practices.
As a Regulated Canadian Immigration Consultant, I am here to help you navigate the complexities of Canadian immigration laws and processes of the Labour Market Impact Assessment process. If you have any questions or need further clarification, don't hesitate to reach out. book an online consultation with us here.
Our Services
Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.
We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.
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