Canada Visa: LMIA-Based Work Permit

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A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC)/Service Canada and is required in order to apply for most Canadian work permits. Prior to submitting the application for an LMIA, the employer must advertise and Job Bank must be one source. Applications for an LMIA for a temporary position have an associated application fee of $1,000 for each temporary foreign worker position applied for.  The positive LMIA is provided by Service Canada / ESDC to the employer, who will give it to the foreign worker to submit with his/her application for a work permit, which, if granted, is typically issued for one year.

There are shorter processing times of 10 days available for eligible highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than 120 days.

 

The Application for an LMIA has the same requirements as the LMIAs for Express Entry and Permanent Residence, hence receives the same scrutiny from ESDC.

The foreign workers must show that they meet all the requirements of the position (i.e. education, experience, skills) as listed in the LMIA application.

Owner/ Operator LMIA

To qualify as an owner/operator, a foreign national must demonstrate that they:

  • have a level of controlling interest in the business of more than 50% of the business,
  • are in the most senior position and are active in the management of the business;
  • have a sound business plan
  • plan to employ at least one Canadian or permanent resident in the first year, and
  • the business activity in Canada will create more employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents.

Express Entry Draws ITA

  • When applying for an Owner/Operator LMIA, there is no requirement for advertising or recruitment.
  • This option is available anywhere in Canada.
  • The validity of a positive LMIA is up to 2 years; IRCC issues a work permit for 2 years 
  • Becomes a path to permanent residence through the Express Entry System

Disadvantages

  • The unpredictability of end-result;
  • Employer-specific work permit;
  • There may be a loss of investment; and
  • There are some tax disadvantages.

Get in Touch

We regularly update with information and Frequently Asked Questions about Canadian Immigration Law, how long it takes to get a visa, requirements of a skilled migrant and other legal issues. For further information, please contact us on (925)568 7586, if you prefer to send a mail, write us at: immigration@reliancesoftsystems.com

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