Employers may be reluctant to undergo the LMIA process for applicants whose situations are marginal. These situations may include:
Working Holiday work permit holders seeking to remain on staff with their current employer at the end of their work permit.Post-graduation work permit holders seeking to remain on staff with their current employer at the end of their work permit.Openwork permit holders seeking to remain on staff with their current employer at the end of their work permit.
Many job seekers – particularly those already working in Canada hoping to transition from one work permit to another with an LMIA – have been frustrated by their employer’s lack of knowledge of Canada’s LMIA process or their employer’s reluctance to engage with the LMIA process to the letter.
For instance, employers may be reluctant to post a job ad that includes details of the compensation, or may identify the wrong NOC code, or may identify the correct NOC code but fail to list appropriate duties in the job ad. Any of these errors could lead to a failure to obtain the LMIA or needing to start all over again, to the frustration and cost of the employer and the worker.
As the worker, it may be in your best interests to take an active interest in how the LMIA process is being undertaken at your current or potential place of employment. In particular, small- to medium-sized businesses that may be undertaking the LMIA process on your behalf for the first time, or the first time in many years, may inadvertently make costly errors due to not being acquainted with the intricacies of the LMIA process.
In such a situation, it may be in everyone’s best interests for a regulated Canadian immigration consultant to oversee the LMIA preparation and application and liaise with the government on the employer’s behalf. We have a shortlist of recommended consultants here, each of whom has extensive expertise in securing LMIAs for appropriate cases and work permits for foreign workers.
How Long Does It Take To Get A LMIA?
LMIA processing times can be somewhat unpredictable, and the LMIA process can range from a couple of weeks to a few months. Employers and workers must also take into the four weeks required to advertise the position.
Some LMIA cases are fast-tracked (see above: ’10-day Processing for Highest-Demand, Highest-Paid and Shortest-Duration Occupations’). The government of Canada does not have a publicly-stated processing standard or target, and LMIA processing times are not otherwise published online by any government department.
How Much Does It Cost To Get An LMIA?
Employers must pay a fee of $1,000 to submit an LMIA application under the Temporary Foreign Worker Program.
How Can I Get A LMIA?
Foreign workers wishing to obtain an LMIA must first have an eligible job offer from an employer in Canada. See our employment section for information and resources on finding work in Canada.
Do I Need An LMIA?
It’s quite possible that you can bypass the LMIA process by getting a work permit under one of the International Mobility Program streams. For workers and employers alike, it is preferable to get a work permit under the International Mobility Program, as these work permits do not require the worker to obtain an LMIA.
