Securing a work permit; the importance of the Labour Market Impact Assessment (LMIA)

Tarunjeet Gujral has considerable knowledge of an acronym that prospect “business immigrants” should get to know: LMIA. These letters stand for “Labour Market Impact Assessment.” And they also stand for potential opportunities for you and your enterprise to thrive in our great country. 

Gujral Law Professional Corporation, helping you navigate the process

As you might imagine, the LMIA that represents one of the primary “pathways” to business immigration in Canada requires detailed documentation and is exceedingly complex. It is important to partner with a seasoned legal firm and its associates to ensure no stone is left unturned in your pursuit of establishing and sustaining a thriving business and contributing to our country’s rich cultural and economic heritage. The LMIA is generally an assessment that Canadian employers must undergo, obtain, and report to legally onboard temporary foreign hires. The purpose of the appraisal is to justify the need to hire overseas talent. So, this document accounts for factors like skills shortages or labour shortfalls within a given market. In this manner, applicants demonstrate that they cannot find a citizen or permanent resident to fill the position.

Requirements, partly, differ if the position is considered “high-wage” or “low-wage.” The LMIA process can be expedited if you work within a high-demand niche or sector or a short-duration time frame (for a project), among other reasons. There are also notable exceptions to the “standard” LMIA rule. These exceptions include: 

• Eligible owner-operators – Some of our clients can circumvent this process as they may be within an exempt class. For applicants such as owner-operators, creating a business in Canada is defined as the “main skillset.” 
• Self-employed persons – Talent in cultural circles, sports, and other pursuits may be exempt from the many LMIA requirements. This immigration stream requires that the applicant has specific, demonstrated experience to sufficiently establish themselves in our country.
• Intra-Company Transfer workers – Eligible employees are mainly in “high skill” jobs and are employed by (or own) a global company with a parent, office, subsidiaries, or affiliates in Canada. As such, the worker can transfer via the LMIA-exempt work permit. This transfer program and exemption are generally offered to spur talent attraction among skilled workers with specialized expertise who are needed temporarily. 

Additional exemptions are offered for those seeking temporary work permits within occupations designated within global treaties such as NAFTA or for humanitarian and compassionate grounds. These “grounds” account for factors such as the applicant’s familial ties to Canada. Gujral Law Professional Corporation knows every client’s situation is unique, and we respect that. Let’s start the process today—call (647) 957-8077 to schedule your consultation with Tarunjeet Gujral. Your privacy is held in the strictest confidence.