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Investor and Entrepreneur Immigration 

Q: I have a small company and in the past, I have applied and obtained positive Labour Market Opinions (LMO) and then work permits for a few foreign workers. I heard that there are new regulations coming and I wonder what is this all about? Will this affect my future applications for LMOs?

A: Effective April 1, 2011, Human Resources and Social Development Canada (HRSDC) will implement additional requirements for employers and certain temporary foreign workers. The new regulations seek to improve the protection of workers and enhance program integrity.

HRSDC will be checking with employers, their job offers, the genuineness of the job offer, the feasibility of the employer to pay the wages as per their job offer, positions and work conditions in general.  Once the foreign worker on place, HRSDC will continue to monitor employers in terms of compliance with the job offer, position offered, whether the terms and conditions offered are fulfilled as per their contract with the foreign worker.  In case of new LMO applications, HRSDC will verify the employers’ past compliance towards the recruited foreign workers. Positions and wages are also an important component of the compliance check.

The key difference is a model entitled “Substantially the Same” and in its simplest form means that was offered by an employer remains the same once the employer is employed.  The program will operate on a risk basis meaning not every application and work permit issued will be checked for compliance but those permits or employers identified to pose the highest risk. In the end, both HRSDC and Citizenship and Immigration Canada (CIC) will cooperate to ensure that the employment of foreign workers supports Canada’s economic growth and helps create more opportunities for all Canadians.

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