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Help Wanted? Jumping Through Hoops to Meet LMIA Requirements

In order to hire temporary foreign workers (TFWs), Canadian employers must first obtain a Labour Market Impact Assessment, or LMIA.  Employment and Social Development Canada has set out very strict rules for employers wishing to obtain an LMIA, some of which may seem like over-kill, but all of which are necessary.

In order to be granted an LMIA, employers must show that they have exhausted all avenues of attempting to hire Canadian citizens and permanent residents.  If this cannot be shown, the LMIA will not be granted.

The lack of a full business address for the location of the job on the job posting – something that seems so trivial to those searching for a job – can be enough to have the LMIA request denied.  However, in the case of Canadian Reformed Church of Cloverdale BC v. The Minister of Employment and Social Development Canada, the church failed to post the business address of the location that was hiring, and their LMIA was refused.  The church fought back, indicating that their business address was easily found on their website – a link to which was provided on the on-line job posting.  In this case, the judge agreed with the church and found that the immigration official who had refused the LMIA was in the wrong.

To read more about LMIA requirements, check out my latest Aikins newsletter article here.

*This blog post was co-written by Leanne Verreault, immigration legal assistant

 

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About Reis Pagtakhan

Reis Pagtakhan is an immigration law partner with MLT Aikins LLP. His extensive experience includes assisting businesses obtain temporary entry to Canada and permanent residency for their executives, employees and contractors from all over the world. Reis has lectured on and written papers on immigration law for the Law Society of Manitoba, the Manitoba Bar Association, the Human Resources Management Association of Manitoba, the Canadian Corporate Counsel Association, and the Community Legal Education Association of Manitoba. He has presented position papers before the Minister of Citizenship and Immigration, Immigration Department officials and Manitoba Labour and Immigration. He has written articles on immigration for the CBC, the Winnipeg Free Press, trade, industry and ethnic publications.

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