LMIA - minimum recruitment efforts

Mia84

New Member
Hi,
Can you please let me know in the LMIA application- Quebec facilities process, which there is no need of providing minimum recruitment efforts, is there any possibilities that ESDC ask for proof from the employer showing they made the best efforts to recruit Canadian citizens or permanent residents prior to making a job offer to a foreign national?
thx
 
Employers who submitted an offer of employment for which a work permit was issued to a foreign national on or after December 31, 2013, may, under section R209.5, be inspected for compliance with the conditions set out in the IRPR. An inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of 6 years thereafter.

Inspections are administrative assessments of whether an employer has met the conditions required in the IRPR [R209.2 and R209.4]. If, on the basis of information obtained during an inspection, Immigration, Refugees and Citizenship Canada (IRCC) determines that an employer violated a program condition and was not justified in doing so [under subsections R209.2(3), R209.2(4) or R209.4(2)], IRCC must inform the employer of the finding and, as per section R209.997, add their name to the public list, which will state the violation and the penalty.

The penalty that is administered depends on the date the violation was committed. For offences committed before December 1, 2015, employers will be banned for 2 years from accessing the IMP and Employment and Social Development Canada’s (ESDC’s) Temporary Foreign Worker Program (TFWP). For violations committed on December 1, 2015, or after, employers may receive a warning letter, an administrative monetary penalty and/or a ban from accessing the IMP or TFWP for a specified time.

For Further detailed info on LMIA Employer Compliance visit :-

Also note that:- An individual cannot ask for proof from the employer to show the efforts. Only IRCC and Employment and Social Development Canada’s (ESDC’s) Temporary Foreign Worker Program (TFWP) officials are authorized.
 

Mia84

New Member
Sorry, I didn’t get it. It is not about the violation or non compliance.
As per the Quebec LMIA facilitated process, there is no need of the recruitment process, how the employer has to do the best effort prior to hiring the FN to find canadian.
The question is what is the interpretation of the best effort in this context. And it is mentioned they don't need a proof of that as well. So there should be a difference between this and regular recruitment process in LMIA application i think!
 
Hello Mia

Most employers need an LMIA before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA.
An LMIA confirms
1. there is a need for a temporary foreign worker
2. no Canadians are available to do the job


If you’re an employer in Quebec and are hiring through the TFWP, the temporary foreign worker will need a Quebec Acceptance Certificate (CAQ) from the Quebec Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) before a work permit can be issued.

If you’re an employer in Quebec and are hiring a temporary foreign worker through the IMP, a CAQ from the MIDI is not required.


I hope this clarifies your doubts
 

Mia84

New Member
Hello Mia

Most employers need an LMIA before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA.
An LMIA confirms
1. there is a need for a temporary foreign worker
2. no Canadians are available to do the job


If you’re an employer in Quebec and are hiring through the TFWP, the temporary foreign worker will need a Quebec Acceptance Certificate (CAQ) from the Quebec Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) before a work permit can be issued.

If you’re an employer in Quebec and are hiring a temporary foreign worker through the IMP, a CAQ from the MIDI is not required.


I hope this clarifies your doubts
Thanks
 
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