Labour Market Opinion Based Work Permits

Canada Work Permits | Temporary Residence Canada

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.

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 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.

How To Ensure You Company Qualifies

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 his/her employment?
• Labour Shortage – is there currently a shortage of workers in the field or occupation?
• Wages and Working Conditions – How much 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 minimum advertising requirements.

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.

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 permits and permitted to enter Canada to work for the designated employer in the specified position.