Canada's unemployment rate rose sharply due to COVID-19, which led to public opinion that LMIA approval would not be available or easy. The main reason for this opinion is that the aim of the LMIA is not in line with the current situation, with even Canadians and permanent residents in Canada losing their jobs due to the rising unemployment rate.
As evidenced by this, Service Canada has sent an e-mail to employers who have applied for LMIA and are waiting to continue or stop LMIA since June 15. The purpose of this e-mail was to give you a chance to voluntarily cancel if you fail to meet any of the three conditions mentioned in Service Canada.
The first condition is that LMIA of companies that have recently lost their operational capability due to COVID-19 and are unable to perform the tasks listed in the job offer, which will be supported by LMIA. In other words, if the company is no longer able to operate as before, or if the position that requires hiring as LMIA is not available for full-time employment, it can be rejected.
The second condition is that we should proceed with the job advertisement for more than 4 weeks before the application to prove that we tried to hire Koreans first, but the announcement said that we should proceed with the advertisement for more than 2 weeks after March 15 because we do not accept the job advertisement that was conducted before March 15.
Lastly, as the Median Wages have been changed for several occupations and regions since May 1, the changed Median Wages must be reflected in the applied LMIA and if not, the new Median Wages or higher pay should be re-submitted.
As such, the LMIA application form, which cannot meet the above three cases, does not matter if it is carried out as it is, but it may be rejected, so according to the employer's decision, we will provide you with an opportunity to cancel the application in advance before the refusal. The government will cancel $1,000 if it hasn't been paid yet, and if it's already paid $1,000, we'll check whether it's refundable or not.
In addition to the massive e-mailing of LMIA examiners, low-Wage LMIA applications have a significant impact on LMIA progress. Low-wage LMIA is subject to rejection when all certain conditions are met at the time of application. There are three conditions that can be divided.
first applications in areas where unemployment is 6% or higher; second applications in areas of lodging, restaurant and retail;
Finally, NOC 6541 (Security guards and linked security service operations), 6611 (Cashiers), 6622 (Store self stockers, clerks and order fillers), 6711 (Food counter partners, Kitchen helpers and linked support support support) and 6721 (67)These are applications through jobs such as enhanced cleaning, 6733 (Janitors, caratakers and building superintenders), 7611 (Constructions ledes helpers and labors), and 8612 (Landscaping and grounding maintenance labors).
Before COVID-19, when the second and third conditions were met, low-wage applications were possible because few regions had unemployment above 6%, but this COVID-19 resulted in unemployment in most Canada exceeding 13% and the first condition being met with more than 3 million unemployed people. Therefore, the 10 NOC jobs mentioned before are expected to be difficult to apply for LMIA for the time being. Fortunately, the above jobs are those of NOC C/D and are not applicable to applicants who apply for PR Stream LMIA, so PR Stream LMIA can proceed as it is.
If you rearrange it again, it is difficult to apply for low-wage LMIA through the above 10 NOC C/D jobs, and if you apply for NOC 0, A, and B through PR Stream, you can continue to apply because it does not fall under the above conditions.
As the conditions and status of LMIA application in Canada are changing periodically and the new policy is frequently announced, we recommend that employers who need LMIA application or applicants who need LMIA support do not miss the updated information or take advice from experts.