TAKE NOTE: on LMIA page 8 under section 10 question 3, a ‘substitute check box’ is there. If you want only a requested named worker and do not want a ‘substitute’ worker to travel in place, of a named worker, this box must be checked. If it is not checked a substitute worker may arrive. This is an employer decision. Employers must keep in mind they are responsible for the cost of unused seats if CANAG is notified the named worker is not ready to travel within 15 days of the flight date.
Deadline to Place a LMIA:
LMIA’s ARE REQUIRED TO BE RECEIVED AT F.A.R.M.S. 10-12 WEEKS PRIOR TO ARRIVAL DATE. See chart below
F.A.R.M.S. LMIA Process:
The Labour Market Impact Assessment (LMIA) application MUST be completed in full, signed and sent to F.A.R.M.S. either by email, fax or mail. The application goes through a clearance process and when complete with all attachments it is sent to Service Canada. F.A.R.M.S. is available to assist you with completing the initial and subsequent applications if necessary.
A SEPARATE APPLICATION IS REQUIRED FOR EACH TYPE OF REQUEST AND COUNTRY .
List of Arrived Workers
At the end of each year a summary of all the workers employed in that season is sent to each employer. Employers are asked to use the summary to identify named workers on future LMIA’s. Where multiple start dates are requested place the job start date beside the worker name. Draw a line through the names not being requested for that date or who may be requested on a separate order. Send the summary of worker names to F.A.R.M.S. with the completed application. DO NOT PUT SIN OR HEALTH NUMBERS ON THE SUMMARY. If you would like FARMS to maintain a record of the SIN / Health numbers you are required to communicate the information separately.
The Employment Contract:
The Caribbean or Mexico Employment Contract is not required to be submitted with the LMIA. Employers must retain a signed copy on file for each temporary worker in their employer.
F.A.R.M.S. Appointment of Representative:
A valid F.A.R.M.S. Appointment of Representative, completed and signed is required to be on file for each employer. This document provides authorization to F.A.R.M.S. to undertake on behalf of the employer the necessary steps to edit, process and disseminate order information locally and abroad.
|EXPECTED WORKER ARRIVAL DATE||SEND LMIA APPLICATION TO F.A.R.M.S.|
|January 1 to January 31, 2021||Between July 2 to August 16, 2020|
|February 1 to February 28, 2021||Between July 2 to September 13, 2020|
|March 1 to March 15, 2021||Between July 2 to September 27, 2020|
|March 16 to March 31, 2021||Between July 2 to October 11, 2020|
|April 1 to April 15, 2021||By November 8, 2020|
|April 16 to April 30, 2021||By November 22, 2020|
|May 1 to May 31, 2021||By February 1, 2021|
|June 1 to June 30, 2021||By March 1, 2021|
|July 1 to July 31, 2021||By April 1, 2021|
|August 1 to August 31, 2021||By May 1, 2021|
|September 1 to September 30, 2021||By June 1, 2021|
15 DAY WINDOW (business days)
Fifteen business days prior to flight departure all seats are considered sold.
**EMPLOYERS ARE FINANCIALLY RESPONSIBLE FOR UNUSED SEATS WHEN A CHANGE IS REQUESTED INSIDE 14 DAYS FROM THE FLIGHT DATE. EMPLOYERS ARE CAUTIONED TO BE VERY SELECTIVE ABOUT REQUESTING A CHANGE.
**EXCEPTION – ARRIVALS BETWEEN JANUARY 1-15 EACH YEAR – NO CHANGES OR CANCELLATONS ARE PERMITTED AFTER 30 NOVEMBER
Types of Changes
Arrival Dates – it is appreciated that initial arrival dates are requested as close to the job start date as can be determined from one season to the next. Certainly location of your farming operation and weather can influence the predicted job start date. A change to the arrival date will be managed according to the length of notice you are providing and whether you are advancing or delaying.
Cancellation – as much notice as possible is necessary. If a cancellation is required within the 15 day penalty time frame you may be required to pay for the unused seat. Every attempt will be made to fill the seat for another employer however to do this the arrival time must coincide with the job start date for the other employer. Each case can only be managed on an individual basis.
Name Change – many employers keep in touch with their workers during the winter months it is definitely advisable to do this. Employers are often the first to find out about certain situations where a worker is not ready to travel as requested on the application. The employer in these cases may elect to place a change in worker names and the original named worker will arrive on a subsequent date.
Employers are requested to allow sufficient time (30 days) for the Foreign Ministry of Labour office to prepare for the change in worker names. In addition to advising FARMS who in turn will process the name change to all parties , a call to the Liaison or Consulate office is recommended.
Unnamed Worker Request to Change to a Named Worker Request
An LMIA requesting one or more unnamed workers which has already been received at the Canadian High Commission, cannot be changed to a named worker IF the unnamed worker has already been granted a work visa against that particular LMIA. Employers may request the named worker on a subsequent travel date if a date is open and not filled with a worker who has a work visa. A future LMIA can also be an option to name a particular worker provided seasonal housing is available.
HOW TO PLACE a Cancellation – Change – Delay – Advancement
CONTACT F.A.R.M.S. or CanAg Travel directly to advise the type of change you wish to make against your LMIA application. A copy of the change with a five (5) digit confirmation number on it, is sent to you for review. Please report any discrepancies immediately to F.A.R.M.S.