How Employers Can Avoid an LMIA Refusal in 2023
Securing a Labour Market Impact Assessment (LMIA)-supported work permit in Canada is a significant opportunity for Canadian employers wanting to hire foreign workers for their business. However, the LMIA process can be complex, and refusals can be disappointing and frustrating, not to mention expense!. In this guide, we will provide valuable tips and insights to help you navigate the LMIA process successfully and avoid work permit refusals.
Understand the LMIA Process:
1. Before diving into the application process, it is crucial to have a clear understanding of the LMIA process. Familiarize yourself with the requirements, procedures, and criteria set by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). Understanding the process will help you prepare a strong and compelling application.
There are 3 major categories of application: High Wage, Low Wage and PR support, understanding which one you need to use ahead of time is important.
Advertise the Position:
2. One of the key requirements of the LMIA process is to demonstrate that efforts have been made to recruit Canadian citizens and permanent residents before hiring a foreign worker. The type of LMIA application you’ll submit will determine where you need to advertise, the low-wage program requires that your ads target underrepresented groups in Canada, high-wage positions require that you use advertising methods that are national in scope. It's also worth noting that some occupations are advertising exempt for LMIAs.
Prepare a Strong Job Offer:
3. Craft a compelling job offer letter that clearly outlines the terms and conditions of employment. Include details such as salary, benefits, working hours, and job responsibilities. Make sure the offer meets or exceeds prevailing wage rates and is consistent with industry standards. The job offer should demonstrate that it is a genuine employment opportunity and not a means to bypass hiring local workers, if your job offer does not meet the median prevailing wage, Service Canada will refuse the LMIA application.
Provide Sufficient Supporting Documentation:
4. Compile a comprehensive application package with all necessary supporting documents. These may include:
Job offer letter and employment contract
Advertising efforts and proof of recruitment
Company information and proof of business operations
Financial documents demonstrating the ability to pay wages, these are called proof of business legitimacy
Interview with Service Canada
5. During the interview with Service Canada, you need to ensure that your answers align with the answers you gave in your online application to Service Canada, if your answers contradict your written submission, the officer may refuse your application.
Navigating the LMIA process can be complex, but with thorough preparation, compliance with requirements, and attention to detail, you can avoid a refusal.
Follow the tips outlined in this guide, stay informed about current regulations, and seek professional guidance when necessary. With careful planning and a strong application, you can increase your chances of obtaining an LMIA-supported work permit in Canada.
At Calver Immigration Consulting Inc. we have decades of experience when it comes to LMIA preparation, we’re here to help you every step of the way, please get in touch and book an online consultation with us here.
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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