Labour Market Opinion Based Work Permits

Traditionally, foreign nationals seeking to enter Canada to work on a temporary basis must go through a two-step application process involving first, an application to Human Resources and Skills Development Canada (HRSDC) for a Labour Market Opinion, and second, an application to Citizenship and Immigration Canada (CIC) for a work permit.

Step One: Applying for a Labour Market Opinion

In most cases, a Canadian employer must first apply for a Canadian Labour Market Opinion (LMO). The LMO is issued by HRSDC who, after considering numerous labour market factors, including the availability of qualified Canadian nationals and permanent residents and the terms of employment associated with the proposed position, authorizes the Canadian employer to hire a foreign worker.

How To Ensure You Qualify

HRSDC will only approve an LMO application after it has made an assessment of the current labour market and the impact that hiring a foreign worker will have. In particular, HRSDC looks to the following factors:

• Direct job creation or job retention for Canadian citizens or permanent residents – will the foreign worker’s employment in Canada directly create jobs for Canadians?
• Creation or transfer of skills and knowledge – Does the foreign worker possess unique knowledge/skills that will be transferred to Canadians during the employment?
• Labour Shortage – is there currently a shortage of workers in the field or occupation?
• Wages and Working Conditions – How much is will the foreign worker be paid? HRSDC will only approve applications where the company will pay the prevailing wage rate for the occupation and region(s) where the worker will be employed.
• Recruitment/Advertising Efforts – The company must show that it has made reasonable efforts to hire or train Canadian citizens or permanent residents. This includes advertising for the position.
• Labour Disputes - Will the employment of the foreign worker adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute?

What Are Advertising Requirements?

With few exceptions, HRSDC requires all employers to advertise for the occupation in which they intend to hire a foreign worker. This advertising must meet HRSDC’s minimum standards, including advertising on the Service Canada Job Bank for a minimum of fourteen (14) days.

How Long Does It Take To Process a Labour Market Opinion?

The application for an LMO, while only the first step of the work permit process, can take anywhere from 2 to 25 weeks, depending on the location of employment in Canada.

What Is The Expedited LMO Process?

For qualifying companies located in certain provinces seeking to hire foreign nationals to fill positions that are “in demand”, however, HRSDC has developed an Expedited Labour Market Opinion (E-LMO) process, which allows for the expedited processing of applications in 2 to 5 business days. For further information on the LMO process or to see if you qualify for an E-LMO, please contact the Bomza Law Group at 1-800-993-9971 to speak to our skilled immigration lawyers.

Step Two: Applying for a Work Permit

Once the positive Labour Market Opinion is issued, the foreign worker may apply for a work permit at the visa post responsible for his/her country of nationality or residency. In some cases, visa-exempt foreign nationals may apply directly at the Canadian port of entry.

When all is successfully completed, the candidate is issued the temporary work visa and permitted to enter Canada to work for the designated employer in the specified position.

Contact Us

For further information with respect to the Labour Market Opinion-Based Work Permit or to find out if you or a company employee is eligible for a Canadian Work Permit , we invite you to contact our experienced Canadian immigration lawyers by calling the Bomza Law Group at 1-800-993-9971 or by clicking on the “Contact Us” button.