How employers advertise to hire foreigners to work in Canada under LMIA

Highlights

• Canadian employers have a high requirement for skilled foreign workers.
• There’s a huge number of temporary workers recruited by Canadian employers.
• The LMIA is a process these employers follow to justify the hiring of foreign workers.
• Of the many requirements in the LMIA process, advertising the job vacancy is an important one.

Work permit in Canada

Canadian employers are highly welcoming to foreign nationals when it comes to finding suitable candidates to fill their job vacancies. Foreign nationals like you can arrive to work in Canada on a temporary Canada work visa. This can be an either an open work permit or a job-specific work permit.

An open work permit isn’t job-specific and the employer needn’t obtain an LMIA or prove to have made a job offer. LMIA is applicable only to job-specific work visas.

About LMIA (Labor Market Impact Assessment)

An LMIA is a document that a Canadian employer may require to obtain prior to hiring a foreign worker. The ideal result is getting a positive LMIA (confirmation letter). This will establish that no Canada PR (Permanent Resident) or Canadian citizen is there to take up the job vacant with the employer.

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What happens after an employer gets an LMIA?

Once an employer obtains the LMIA, you as the foreign worker who is intended to work with the employer can file an application for a Canada work permit. For this you will need to submit the following:

• A contract
• A job offer letter
• The LMIA number
• Copy of the LMIA

LMIA is necessary for employers who receive workers on certain types of temporary workers. The LMIA must be obtained by your Canadian employer prior to your applying for a Canada work permit. Through the LMIA issued by Employment and Social Development Canada, the Canadian employer is permitted to hire a TFW (Temporary Foreign Worker).

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About advertising as a part of the LMIA process

Adhering to TFW program criteria, it’s necessary for the Canadian employer to first make efforts to recruit workers from among Canada PR visa holders or Canadian citizens. Only when they can’t get suitable candidates, can they resort to applying for an LMIA.

Also read: Quebec’s facilitated LMIA now has 65 more occupations added to the list.

Minimum requirements to apply for an LMIA

• Canadian employers must advertise the requirement of workers on the Job Bank set up by the Government of Canada. In case the employers resort to an alternative method, they must submit a rationale in writing and explain the method.
• The employers must also conduct a minimum of 2 additional methods of recruitment, consistent with the occupation. This means that this method targets an audience possessing the following:
  • the appropriate education
  • skill level or professional experience needed
• One of the methods used must have a national scope and must also be easily accessible for residents of any province/territory. This is because people in high-wage positions are often mobile and ready to move in to work in Canada.

For national scope, Canada PRs and Canadian citizens must be able to search advertisements for work locations across Canada on a single site. This can avoid referring to individual/regional sub-sites.

Employments for which the advertisement method differs

Here are a few employments for which the common methods of advertising aren’t applicable to a specific province/s:

Academics (every province and territory)

Canadian employers have to conduct efforts to recruit according to the policy given in “Hiring Foreign Academics in Canada”. But Canadian employers submitting LMIA applications for the second or third time for a professor in a university in a tenure track position are given exemption from the requirement of recruitment and advertisement.

NOC 2271 - Air pilots, flight engineers & flying instructors

Canadian employers hiring TFWs for the NOC 2271 occupation under the TFW Program have to meet the minimum requirements for advertising for high-wage occupations. They must also specify the criteria given below in their job postings:

• A maximum of 4,000 flight hours of experience for a First Officer and 5,000 hours of flight hours for a Captain
• Meeting industry-standard medical testing requirements for commercial flight
• Training bonds must cover at least 2 years of employment
• A valid commercial pilot license.
• State legal and common names of the airline operating in Canada
• Proficiency in English and/or French language
• Work experience without the need of holding a rating type for a certain aircraft type as a necessary/asset requirement though applicants need experience in flying equipment with similar acceptable complexity and configuration to the airline’s fleet

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Jobs with CSQ (Certificate of Selection from Quebec) code (Only in Quebec)

Employers in Quebec can get exemption from the need to recruit and advertise only if Service Canada determines that the NOC code of this job offer as well as the description matches the NOC code on the CSQ when the LMIA application is assessed.

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Jobs via Employer associations (every province and territory)

If an employer association takes up advertising for job posts for an employer/s, it must advertise as per the requirements for general advertising practices. This will be applicable for NOCs 0, A, B, C, and D.

Jobs in the entertainment sector (every province and territory)

There’s no requirement for advertisement/recruitment.

Hiring by a foreign government (every province and territory)

The foreign government or international organization will select the foreign national as per its own process and its requirements. There’s no need for advertisement/recruitment.

In-Home Caregiver (Every province and territory)

Canadian employers don’t require to list the business address (as in home address) in the advertisement. But they should reveal the work location. They may not list their full name and can use their first name only instead or another reasonable identifier.

Positions for a short duration

There’s no requirement for advertisement/recruitment.

Specialized service technicians/specialized service providers (Every province and territory)

There’s no requirement for advertisement/recruitment.

Warranty work (every province and territory)

There’s no requirement for advertisement/recruitment.

If you are willing to work in Canada, talk to Y-Axis, the leading immigration and career consultant in the UAE.

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