If you own or manage a business in Canada and have employed employees in other countries, you are probably already familiar with LMIA Application. A LMIA application is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. Overall, a positive LMO, also called a confirmation letter, indicates that there are no Canadian workers available to fill the job you offer. This is required before hiring foreign workers or multiple workers.
The federal agency Employment and Social Development Canada (ESDC) implemented four significant changes to the LMO process. As an employer, it is important to be aware of these changes before applying for a new LMO.
The first change, designed to protect foreign workers from sexual exploitation, stopped issuing LMOs to all employers providing erotic services such as striptease, escort services, erotic dances or erotic massages.
The second change relates to the updated LMO application form now available. From now on, all employers will be required to complete the new application published on December 31, 2013. Previous applications received will not be processed and the employer or third-party representative will be contacted and asked to resubmit the correct application. form.
In addition to using the updated application form, employers must comply with several other new conditions. This includes being able to prove that all information on the form is accurate for a period such as keeping all documentation related to compliance with employer working conditions for a period of six years. Employers should ensure that their workplace is free of employee abuse and make an effort to hire or train Canadians before hiring foreign workers.
The third change increases ESDC’s authority with Service Canada. These organizations can now conduct inspections to ensure that employers comply with Canadian work permit regulations. The authority to conduct these inspections lasts for six years from the first day of employment of the worker.
As a final change, ESDC may suspend or cancel LMOs or refuse to process them outright. However, in this case, ESDC will contact the employer and provide an opportunity to resolve the denial of the application.
In almost all cases, LMOs are required to employ foreign workers. However, in some situations, it is not required. These types of workers include workers subject to international agreements, workers participating in exchange programs, spouses, workers nominated by the state for permanent residence, students, workers relocated within entrepreneurs or companies, religious workers, and cooperative students.
