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myconsultantcanda · 11 months

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Challenging a Positive Labour Market Impact Assessment?

Generally, a positive result is sought by Canadian employers when applying for a Labour Market Impact Assessment (LMIA).

Here��s a case where a positive LMIA was challenged. Why? What’s to learn from it? Read on.

LMIA explained

Labour Market Impact Assessment (LMIA) is a mechanism to ensure Canadian jobs are extended to Canadians and permanent residents first. In other words, LMIA is to examine if a vacant position in Canada has to be offered to a foreign national because no Canadians nor permanent residents are available for the position. An LMIA is a prerequisite for applying for a work permit by foreign workers whose work permits are issued under the Temporary Foreign Worker Program (TFWP). When employers in Canada intend to hire a foreign national through the TFWP, which means that the intended foreign worker is not eligible for work permits prescribed in sections 204 to 208 of the Immigration and Refugee Protection Regulations, SOR/2002–227 (IRPR), namely, International Mobility Program (IMP), the employers need to obtain a positive LMIA. Employers applying for an LMIA must pay a $1,000 processing fee for each foreign worker according to subsection 315. 2(1) of IRPR. Therefore, generally speaking, a positive LMIA is the outcome employers would expect when applying for an LMIA.

Employment and Social Development Canada (ESDC) is the federal department responsible for LMIA processing. ESDC officers assess LMIA following the six factors prescribed in subsection 203(1) of IRPR, including the hiring and retention of Canadian and permanent resident workers, the labour shortage, etc. Subsection 203(2.1) of IRPR requires ESDC officers to assess LMIAs based on information provided by the employer applicant and other relevant information. After a positive LMIA is issued by ESDC, the employer will provide it with the intended foreign worker for the worker to apply for a work permit, which will authorize its holder to work in Canada for the employer specified on it.

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Canada ImmigrationStudy In Canada

#LMIA #immigration law #labor law #Canada #Temporary Foreign Worker Program (TFWP)

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stjglobal · 5 years

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For all of the places I visited, I both intentionally and unintentionally learned more and more about the issues that citizens of the countries were facing.

There is something amazing about being able to see the sights of Europe: The Eiffel Tower, The Colosseum, Sagrada Familia, and so on. And while I enjoyed getting to see the rich history here and learn all about these historical and sacred places, the thing that I’ve taken away most from my trip abroad is the volume of current things going on in Europe that I simply had no idea, or only a vague idea, about. My theology professor here has been living in Italy for eight years or so, and she says that she remembers how different it is in The United States. It’s like being in your own world entirely, so far removed from other countries. Because of the proximity and relationships within the European Union (EU), I think that it simply isn’t as easy to be disconnected from the rest of the world here. When you add in the size of The United States and relationships with the rest of North America and South America, Europe barely stands a chance to truly enter our news network.

For all of the places I visited, I both intentionally and unintentionally learned more and more about the issues that citizens of the countries were facing. I have been fortunate enough to travel to Paris, Barcelona, Zurich, Edinburgh, Bucharest, and, of course, Rome and around Italy. In this post, I hope to help you to travel with me and see what I’ve learned about these places and their trials. While most of the information has been compiled throughout the semester, I linked some fact-checkers and ways to read/watch more about these issues below. One of the main themes highlighted by St. John’s University’s Study abroad programs is migration. It is integrated to every class possible, and this has helped me understand the issues. With the current climate all across Europe, there couldn’t be anything more appropriate.

The first place I would like to focus on is France. My first stop in Europe was in Paris, France, and I was immediately amazed by its wonder and beauty. However, there is no question about the political and social turmoil that has been occurring there for years. While many of us have heard about the attacks on Paris and Nice, there is a much deeper disdain toward foreigners that is not far removed from these attacks. In the United States, we refer to ourselves as a melting pot, a blending of cultures to create a diverse society. In France, it couldn’t be more the opposite. A dirty word in American history, assimilation, is their reality. When you are immigrating to France, you are expected to become French. While I’ve noticed that this is a theme around Europe and the hyphenated identities (African-American, Irish-American, Italian-American, etc.) of the US don’t exist here, it runs deeper in France. The culture that is not their own is washed away here, especially when it comes to religion.

In 2004, French began the consideration of outlawing wearing burqas, hijabs, kippahs, and large displays of crosses. The one that came into effect is of any sort of face-veil, which directly targets Muslims, but it is widely encouraged to not wear any religious symbols and make yourself a target. Outside of religion but not far from it, immigrants tend to be living in suburbs or lower socioeconomic areas of Paris. They isolate themselves because they don’t feel welcome, and they create their own communities that are segregated from the whole of Paris and therefore France. While this brings in the question of open- vs. closed-borders and integration, it also creates a breeding ground for terrorists. In fact, the Paris attacks of 2015 had French natives involved.

One of my classes studied how people can feel drawn to join a terrorist group and act when they feel that they are not being represented. In a society where culture erasure is meant to create a unified whole, it instead has created tense relations that have lead to attacks. In the US, we can obviously relate with recent immigrant issues at the forefront of politics. Rome, and Italy as a whole, had similar issues with immigration. Italy quickly has become the liaison between the Middle East and North African (MENA) countries to the rest of Europe. Many people from MENA countries will enter into Italy through the Mediterranean with the intention of staying until they can make it further north. This has caused a great strain on the economy and relationships between natives and the new demographic. In this country, strict self-segregation can also be seen.

In my economics class, we took a trip to a town called Torpignattara, which has been dubbed “Banglatown”.This town is full of heavily concentrated immigrants, many from Bangladesh as implied by the name, and they have made more of a town of their own than become a part of Rome. Their town is filled with stores with their native clothing, food, and other goods. They support their own small economy, not the whole of Rome. Rather, they send a majority of their money home. All of these issues have brought immigration to the forefront of Italy’s political atmosphere. There have even been talks of leaving the EU to allow them to have more ability to control their immigration laws. Another effect that has happened to Italy is called ‘The Brain Drain’. Basically, well-educated individuals are leaving the country in search of better job opportunities. This makes it hard for the country to continue to develop and westernize since the best of the best are leaving.

By far the most interesting thing to learn about was the potential secession of Catalonia from Spain. Catalonia is to Spain what, for example, Pennsylvania is to The United States. While it is just a region, it functions more as a state with its own government. This region includes Barcelona, a city that was my first international trip leaving Rome. Upon arriving, it was clear that there was some strong political movement going on. Every single apartment building had plenty of windows donning the Catalonian flag (which I initially thought were weathered Puerto Rican ones) and signs along the lines of “we won’t be silenced” and “free Catalonia”. Out of intrigue, I did some research while there to try to figure out what was going on. Catalonia is the richest region in Spain, and because of this they pay high taxes. However, much of that tax money they don’t see coming back to their own region. Rather, it is used for other regions in Spain. Aside from this main issue, Catalonia has an entirely different culture and even their own language, Catalan. Catalan is more similar to Italian and French than Spanish, which definitely threw me off while I was in Barcelona. I am by no means a Spanish speaker, but I think that everyone in the US picks up a few things.

Having traveled to Puerto Rico not long ago, I thought I could at least order french fries (papas fritas), but even that wasn’t immediately recognizable (patates fregides). The most interesting part of this whole thing to me was the numbers about who really wants this. 90% of the population that chose to vote in the referendum said that they wanted to secede. There is much more that goes into this whole issue, including violence, some people in jail or in hiding in other countries, and some lost votes. Overall based on what I saw and what the numbers show this is a very real and pressing issue in this area. Because Spain is a country that is in the Western world and there was violence involved, I assume that this is something that I would have heard of. It just enlightened me even further to how little I am in touch with the rest of the world.

Rebeka Humbrecht, Spring 2019 Social Media Ambassador

#sjuglobal #studyabroad #internationaleducation #sjurome #sjuparis #exploretheworld #traveling #studentsabroad #Discovertheworld #discovereurope #spain #studyimmigration #immigrationstudies

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