Immigration Alerts & Events

SERVICE CANADA REDUCES VALIDITY PERIOD OF LABOUR MARKET OPINIONS TO SIX MONTHS – Effective May 19, 2009

2009-09-25

Effective May 19, 2009, Service Canada has announced that all Labour Market Opinions (LMO) issued to employers for the purpose of applying for a work permit application will be valid for a maximum of six (6) months from the date of issuance. An LMO that is not used to apply for a work permit within six months will be deemed to have expired and will result in a refusal of the work permit application.

The new six-month validity period applies only to the time in which the foreign worker must apply for his or her work permit. The duration of employment approved by the LMO is not affected by this rule.

In the Event of an Expired LMO
In the event an LMO expires before the foreign worker has applied for his or her work permit, the employer will need to re-apply for a new LMO. In applicable cases, recruitment efforts will again need to be conducted. This is done to ensure that an accurate and up-to-date assessment of labour market conditions has been made.

The new six-month validity will now apply to all LMOs. Furthermore, any LMOs issued prior to May 19, 2009, will now expire on November 19, 2009, regardless of the date indicated on the LMO document.

Recommendation
In order to ensure that the Labour Market Opinion remains valid at the time of applying for the work permit, it is recommended that employers file LMO applications no sooner than six months before the foreign worker is expected to commence employment.

This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.

For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group.