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 from the company to Human Resources and Skills Development Canada (HRSDC) for a Labour Market Opinion, and second, an application from the foreign worker to Citizenship and Immigration Canada (CIC) for a work permit.
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 wages offered, availability of qualified Canadian citizens and permanent residents and the terms of employment associated with the proposed position, authorizes the Canadian employer to hire a foreign worker.
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:
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 minimum advertising requirements.
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.
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 permits and permitted to enter Canada to work for the designated employer in the specified position.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.