An attestation letter is a document that expresses the reliability of an assertion made by another party, in this case the lawyer. The lawyer who writes and signs the attestation letter for an LMIA application is certifying their first-hand knowledge with regard to the assertions or claims that are made in the letter.
Service Canada requires companies that are applying for an LMIA for the first time to show that they have the financial resources to commit to the hire of a temporary foreign worker.
The lawyer, among other documents, may review the following documents to prepare the attestation letter: corporate tax returns, bank statements, corporate documents, etc.
If none of the above documents are available, the burden is on the directors of the company to satisfy the lawyer with other documents and/or statements that the company is in good financial standing and has the means to comply with all the obligations imposed by Service Canada and the local labor laws if getting the LMIA approved.
The attestation letter is a very important document within the LMIA application process. LMIAs have the goal to prevent any negative impacts on the Canadian labour market. Hence, if the company does not have the financial resources to comply, the foreign worker may end up unemployed and accessing the unemployment programs affecting the Canadian labour market.
At Invicta Law Corporation, we have written many attestation letters in compliance with Service Canada requirements to obtain an LMIA (Labour Market Impact Assessment). We can assist you and assess your ability to comply with your obligations under the temporary foreign worker program and should this be the case, write an attestation letter on your behalf.
