LMO and E-LMO Application and Work Permits for Foreign Workers
The Labour Market Opinion (LMO) is a report issued by HRSDC that outlines the impact that hiring a foreign worker would have on Canada’s labour market. Employers need to obtain this assessment in order to hire foreign workers. If the assessment is positive, a report outlining the conditions of the job being offered by the employer, the names of the employees, and also the expiry date of the LMO will be listed in the document issued by Service Canada.
Once a positive LMO has been issued, it must be forwarded to the employees abroad to enable them to obtain a visa and/or a work permit that will allow them entry to the country with the rights and obligations of any other worker. If the worker is already in Canada, a work permit renewal application must be sent. NHIS group can also handle the processing of the work permit and visas for the workers abroad or the work permit extensions in Canada.
Service Canada receives thousands of applications per year which they accept or refuse depending on different circumstances. Service Canada will check if:
- - The job offer and the company are genuine
- - The wages and working conditions are in line with those offered to Canadians (NOC wages)
- - Employers conducted reasonable efforts to hire or train Canadians for the job
- - The foreign worker is filling a labour shortage OR if hiring a foreign worker will directly create new job opportunities or help to retain jobs for Canadians OR the foreign worker will transfer new skills and knowledge to Canadians
- - This hiring will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.
There are also situations where pre-approvals are requested. They allow the employer to recruit foreign workers with the security that once suitable foreign workers have been recruited, positive Labour Market Opinions will be issued.
Finally, there are some pilot projects and special programs that are in effect for most provinces. These vary in conditions and requirements according to the specific needs of each province.
Many programs or pilot projects have been launched to facilitate the processing of Labour Market Opinions throughout the country such as:
- - Hiring Temporary Foreign Workers for Occupations Under Pressure
- - Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C AND D)
- - Live-in Caregiver Program
- - Seasonal Agricultural Worker Program (SAWP)
- - Employment of International Students Graduating from Recognized Post-Secondary Institutions
- - Hiring Foreign Information Technology Specialists