Applying for a positive Labour Market Opinion (LMO) is becoming increasingly challenging with new requirements and more detailed information being requested all the time. In addition, the introduction of compliance reviews in 2011 requires that employers keep increasingly detailed and accurate records of both the information provided to Service Canada and how the LMO conditions are continuing to be met throughout the lifespan of the LMO based work permit. This journey into the territory of compliance continues to progress and we are expecting new compliance requirements to be introduced in 2014.
One of the more interesting changes to LMO compliance reviews is when an LMO application is completed, and a company advises that the foreign worker will be benefitting the Canadian economy by on of the following: 1) Filling a labour shortage, 2) Transferring new skills to Canadian citizens or Permanent Residents, or 3) Creating new jobs for Canadian citizens or Permanent residents, upon a compliance review, Service Canada will be looking for established training plans, that skills have been transferred to Canadians, and / or new jobs have been created based on the employment of the foreign worker. These items may be very difficult to prove and it is yet to be seen how Service Canada plans to practically carry out this mandate.
Compliance reviews up until now have been triggered when a new LMO has been requested for the same employer. Going forward Service Canada can contact an employer for a compliance review at any time for any of the following reasons:
1) If CIC of Service Canada have reason to suspect that the employer is non-compliant;
2) That the employer has a history of non-compliance; and
3) The employer is randomly selected for verification compliance.
Given the measure to be implemented above, 2014 proves to be another challenging year for Canadian Immigration, particularly in regards to obtaining LMO based applications.