Labour Market Opinion
Employers are required to apply for a Labour Market Opinion (LMO) before they can hire foreign workers in most cases (see exemptions including NAFTA and GATS), In order to obtain a positive LMO, the employer must prove that there is no Canadian worker available to do the job in question and a foreign worker is therefore needed.
LMO applications should show the following:
- Efforts made to recruit and/or train willing and available Canadian citizens/permanent residents;
- Wages offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region;
- Working conditions for the occupation meet the current provincial labour market standards; and
- Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge.
The positive LMO is provided to the foreign worker to submit with his/her application for a work permit.
New regulatory changes to the Temporary Foreign Worker Program took effect as of April 1st, 2011 which affect employers and temporary foreign workers.
Work permits are required for foreign workers who enter Canada to work on a temporary basis and ease skill shortages in Canada (see NAFTA and GATS work permit exceptions).
If you are currently residing in a country outside of Canada and are wishing to apply for a work permit, there are several mandatory documents that you must have ready for submission. .
If you are currently residing in Canada and are wishing to apply for a work permit, you will have to satisfy all of the conditions for an individual applying for a work permit outside of Canada (refer to above) with additional steps that need to be taken.
** On December 20, 2012, CIC introduced a new Bridging Open Work Permit which enables certain economic class applicants to maintain their status and continue working in Canada while they wait for a final decision on their permanent residence application. Click here for more information.
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