When a Canadian employer wants to hire a person of foreign nationality, there is the clause of first getting approval from the government before the hiring process begins. The Labour Market Impact Assessment which was earlier known as Labour Market opinion has gone ahead and issued these policies. To get a positive approval from the LMIA, the Canadian government employee must justify the reasons for reviewing the application as well as show that the hiring of this particular employee will bring in a positive or neutral effect on the government. It is better to consult the best immigration lawyer Toronto while going through this process.
Types of workers
Apart from the mentioned clause, the employer must also show that for the hiring of the employee of foreign origin no qualified Canadian personnel was skipped and the salary of the foreign worker will be fixed as per the federal and provincial standards. This process, which comes under the LMIA is considerably different when it comes to the hiring of low wage and high wage workers. The workers who are paid on a temporary basis, which comes under the provincial or territorial wage will come under this category of low wage workers.
There are certain provisions which will be applied based on the category of the workers. The best immigration lawyer Toronto suggests that when hiring the foreign employee the employers must provide evidence of trying to hire a Canadian employee, but failed to find a suitable and qualified employee for the mentioned job. Also, after hiring the foreign employee the Government will conduct inspections to check after the employee starts working in the company.
What about high wage workers?
The workers who are paid a salary which is above the median hourly wage in the case of a specified work in a specified region will come under the category of high wage workers. The best immigration lawyer Toronto goes by, adding that while hiring the high wage workers of foreign nationals, the company must ensure the Government that Canadian workers were tried in the hiring process but it did not work out well. The transition plans must be submitted along with the process. Also, steps to reduce the reliance on the foreign workers must be taken while going with the process.
This transition will make sure that the foreign workers who are employed for the job are fulfilling the purpose of the job. This will make sure that the hiring of the foreign workers will be taken as a last resort only.
The case of low wage workers
The best immigration lawyer Toronto suggests that in the case of low wage workers the employer will not have to go through the transition plans. However, there are a differing set of guidelines to be followed here. In order to facilitate the employment of the Canadian workers, a cap is put on the number of employees of foreign nations that can be hired in a company. A ten percent cap is maintained until now, which is to restrict access to the Temporary Foreign Worker Program. Here are more reasons to consult with an immigration lawyer!