Québec LMIA
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A Prerequisite to Hiring Foreign Workers or Obtaining Their Work Permits in Québec
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The ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI) in Quebec has provisions in place for hiring temporary foreign workers. All applications for Labour Market Impact Assessment (LMIA) for employment located in Quebec are to be submitted in French. But Quebec employers filing LMIA applications to hire temporary foreign workers in low-wage positions must submit their applications first to Service Canada in order to obtain confirmation that they will be accepted for processing before submitting the applications to the ministère de l'Immigration, de la Diversité et de l'Inclusion.
Foreign workers who will be temporarily employed in Quebec will have their LMIA applications assessed by the Ministère de l’Immigration, de la Diversité et de l’Inclusion Québec (MIDI) as well as Employment and Social Development Canada (ESDC). That being said, a Quebec-based employer hiring a foreign skilled worker on a temporary work permit must secure an approved CAQ (Certificat d'Acceptation du Quebec or Certificate of Acceptance to Quebec) from the Quebec Ministère d'Immigration, Diversité et Inclusion (MIDI), in addition to the Labour Market Impact Assessment (LMIA). Both CAQ and LMIA must be in agreement that hiring the foreign worker will have a neutral or positive impact on the local labour market of Quebec. Short term jobs in Quebec that will last for 30 days or less do not require a CAQ. The CAQ must be presented by a foreign worker to a Canadian border officer when entering Canada for work in Quebec. A CAQ will generally be valid for a period of 36 months. If the jobs are LMIA-exempt, foreign workers do not need a CAQ to be employed in Quebec. Employers in Quebec are not required to obtain a LMIA from ESDC/Service Canada, if they are hiring a temporary foreign workers (1) with a valid work permit, (2) holds a skilled worker Certificate of Selection in Quebec (CSQ), (3) resides in the province of Quebec, or (4) has submitted a permanent residency application under the Quebec Skilled Worker class. Moreover, an LMIA from ESDC/Service Canada is not required if the temporary foreign worker is (1) applying to extend the work permit for their current employer, (2) applying to renew the work authorization with a new employer in Quebec, or (3) accepting an employment offer in Quebec as an international student holding a post-graduation work permit. Obtaining a LMIA in Quebec is also not required for temporary foreign workers holding a work permit based on participation in one of the programs under the International Experience Canada (IEC) initiative. If you are a company or a business in Quebec planning to hire a foreign worker, you are required to apply for a LMIA. Contact us to schedule a legal consultation*. CORPORATE IMMIGRATION MATTER?*
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