Stricter Rules for Canadian Employers Willing to Hire LMIA-Exempt Overseas Workers
Canada Immigration introduces new requirements for Canadian employers willing to hire overseas workers who are exempt from the Labour Market Impact Assessment.
Employers will need to provide information about their business, job offer, how the employee and the job qualify for the processing.
What categories are considered LMIA-exempt in Canada?
These are intra-company transferees assigned on temporary employment from an affiliate company abroad; people whose work provides extraordinary benefit for Canadian economy; academic researchers and workers under international agreements (such as NAFTA).
Up to now, certain passport holders, including Irish and UK intra-company transferees have been able to obtain a work permit at the Canadian Port of Entry on the grounds of their qualifications, training credentials and details of the job. After the changes, the employers will have to apply for a pre-approval first.
There’s an employer compliance fee, set up at CA$ 230. There’s no such fee for employers hiring overseas applicants with an open work permit. Now, the open work permit holders will need to pay a fee of CA$ 100 along with their work permit processing fee.
Employers non- compliant with the new rules will be subject to penalties, fines or even a ban from hiring overseas workers.
According to the Immigration Authorities, “the adoption of this system will mean that all employers, whether they are hiring LMIA-exempt foreign nationals or temporary foreign workers through the LMIA process that has determined that there are no Canadians available for the job, will face the same level of scrutiny in their hiring and treatment of foreign workers.”
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