With some significant exceptions, before hiring a temporary foreign worker, the employer must first apply for a Labour Market Opinion (LMO) from Service Canada. The Labour Market Opinion evaluates how Canadian employment is affected when a foreign worker is hired instead of Canadians or permanent residents.
In order to hire a foreign worker, the employer must provide confirmation that:
Even though efforts to hire Canadians and permanent residents were evident, the applicants were found unsuitable for the position, in which case foreign workers are needed;
The hiring of foreign workers will not obstruct the Canadian labour market in a negative manner;
The wages that will be offered to potential workers are similar to the wages that other Canadians in the same line of work, located in the same region, are currently receiving;
The working environment is equivalence to the standards set by the labour market, and bringing in foreign workers will create prospective opportunities for the business as well as the Canadian industry.
If the Labour Market Opinion is approved, showing a positive result, then prospective foreign workers would need a copy of the LMO to apply for a work permit through Citizenship and Immigration Canada. When applying for the work permit to Canada, a notice confirming the offer of employment is also required. The approval of a labour market opinion is usually valid for a period of six months. If the potential worker has not applied for a work permit within the allotted period, the LMO will expire and the employer will need to initiate another application for a labour market opinion.
In certain circumstances, temporary foreign workers may also be required to apply for a temporary resident visa.
Prior to the expiration of the foreign worker's work permit, if an extension of the job is offered to the employee, he or she will need to apply for a work permit extension. In many situations the employer will need to apply for a new Labour Market Opinion as well.
We provide tailor made simplified solutions to individual immigrant applicants seeking to relocate to Canada as well as personnel resource managers of Canadian employers intending to hire foreign nationals.
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