Canada Work Visas

If you’re a foreigner and are thinking about applying for a Canadian work permit, then you should be familiar with the Labor market impact assessment. If you are not, let us tell you all about it! The Labor market impact assessment is also called a confirmation letter; it is a document that a Canadian employer may need to get before hiring you as a temporary foreign worker.

A labor market impact assessment is meant to show that a foreign worker is needed to fill the job position. It is also supposed to show that no Canadian permanent resident or citizen is available to fill that position. You can only apply for a work permit once your employer gets an approved labor market impact assessment. The employer will also need to apply for an LMIA and wait for it to be approved before giving it to you.

Not every foreigner needs a labor market impact assessment document, although some Canadian work permits are LMIA exempt most of them require it before your application can be processed.

Who Needs a Labor Market Impact Assessment?

If you do not have a temporary work permit and you are a temporary foreign worker, your employer to be would need to get you a labor market impact assessment (LMIA). If you’re a foreign worker already working in Canada, you may also need an LMIA if

1. You get a job offer from a Canadian employer that is different from the one on your current work permit.
2. You have an open work permit that is not linked to any employer.
3. If you’re authorized to come work in Canada without a work permit, for example as a business visitor.

The salary for temporary foreign workers is classified into Low Wage and High Wage. If you’re gunning for a high-wage position, your employer would need to submit a transition plan along with the labor market impact assessment application. This is so that your employer can prove that they plan to reduce their reliance on foreign workers.

Low-wage jobs do not require the submission of a transition plan, however, there is a limit to the number of foreign temporary workers the business can employ. The labor market impact assessment depends on the position offered to you by your employer, the region where the job will be located, and the specific employer.

After you have obtained a labor market impact assessment for a particular job, you cannot change the job, or the employer and you cannot move to another region in Canada. If you eventually need to do any of these, you will need a new labor market impact assessment.

The burden of applying for an LMIA does not rest on your shoulder if you’re a temporary foreign worker. Rather the burden rests on the shoulders of your employer to be. Your proposed employer oversees applying and handing over to you the labor market assessment document. The LMIA number and the copy of the document are what you require for your work permit application.

Similarly, if you are a Canadian employer And Want to Hire Foreign Workers, LMIA Might Be the Right Option For You. A Positive LMIA Will Show That There Is a Need for A Foreign Worker To Fill A Specific Job, As There Is No Canadian Worker Available To Do That Job.

The Intra Company Transfer is part of the international mobility program which allows global companies to transfer employees to a Canadian branch. These employees on their end can use that experience to apply for permanent residency.

As an international company with several subsidiaries, branches, or affiliates, it is very common to transfer top-tier employees so they can share their expertise and knowledge. Another benefit for the employer is that they are exempt from obtaining a labour market impact assessment since they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses. For Canada, it is an opportunity to retain those skilled workers, which is why the transferees have the option to become PR.

Categories

To qualify for ICT, your job scope must fall under 1 of these 3 categories

1- Executive – Being an executive means that the employee can

• Manage the organization or a major component or function of the organization.
• Establish the goals and policies of the organization, component, or function
• Take important or crucial decisions for the company
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization

2- Senior manager – To be deemed senior manager, the employee must be able to

• Manage the organization, a department, or a component of the organization.
• Supervise and control other workers of
• Hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization

3- Specialized knowledge

Specialized knowledge means either special knowledge possessed by an individual or an advanced level of knowledge or expertise in the organization’s processes. For example, an IT person working in advanced cyber security can be categorized as specialized knowledge

General Requirements – Transferee

• You are currently employed by a multi-national and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that company
• You are being transferred to an executive, senior managerial, or specialized knowledge capacity position
• You have been employed continuously by the company that plans to transfer you for at least one year.
• You are coming to Canada for a temporary period only
• You must comply with all other immigration requirements for temporary entry.

If all the requirements are met, you will be granted a work permit for a period of 1 year up to 7 years. If you are married and have children, they will also be eligible to join you in this journey. Your spouse will be granted an open work permit, and your children will be able to attend school for free.

Requirements For Employer

• The company must secure physical premises to house the Canadian operation, or if the company is already established show realistic plans of how the operations are going
• The company must have the financial ability to commence business in Canada and compensate employees.
• When transferring executives or managers, the company must demonstrate that it is large enough to support executive or management functions.
• In the context of a recent corporate acquisition or merger, it is not a requirement that the applicant has been worked for the named sending company for a year provided that the applicant has been working for one of the affiliates for at least one year in the previous three years
• Description of the connection between the enterprise in Canada and the multi-national

How do you become a Permanent resident through Intra company transfer?

As an Intra Company Transferee, you can use that work experience to convert it into a PR application, if you wish to live permanently in Canada. You can then apply through either Express Entry or a provincial nominee program.