See if you need a labour market opinion In most cases, an employer must obtain a Labour Market Opinion LMO —which supports the work permit application. Workers covered under international agreements Professionals, traders, investors and business people coming to Canada to work under certain international agreements. Participants in exchange programs People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs.
Spouses Spouses and common-law partners of certain foreign students who are studying full-time. Spouses and common-law partners of certain skilled foreign workers. See Your Spouse Working in Canada.
These temporary initiatives are designed to attract particular workers that the province or territory needs.
Find out if you are eligible to come to Canada through a pilot project. Workers nominated by a province for permanent residence A person who has been nominated by a province for permanent residence and has a job offer from an employer based in that province. Entrepreneurs and intra-company transferees Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada.
Academics and students Certain academics and students. Co-op students Foreign students who are studying in Canada and who need to do co-op work placements as part of their program of study. Religious workers People doing charitable or religious work.
Others Certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process. Employers using a third party representative must complete the " Annex to the Appointment of Representative " form and send it with the LMO application. The application is point-rated and these documents improve the Skilled Worker's score and the opportunity to receive a permanent resident visa.
NAFTA or an economic benefit exemption. Immigration Note On its own, a permanent job offer does not allow a Foreign Worker to immigrate to Canada. Before a Foreign Worker can become a permanent resident, they must : Meet the requirements of the Skilled Worker Class ; Have at least one year of work experience in a professional, managerial, or technical occupation under Canada's National Occupational Classification NOC system.
What can a foreign worker do in that situation? Temporary Foreign Workers can apply for Work Permit even though their employer has not secured an LMO for them given that the employer has sent the LMO application to Service Canada and if application for new Work Permit is done within 2 weeks before the expiry of the current Work Permit CEC will put that new Work Permit application on hold for two months waiting for foreign worker and their employer to obtain positive LMO.
This is what FW01 and also Operational Bulletin A - March 19, Modified say about that: "Since officers must verify the expiry date of the LMO before processing a work permit application, concurrent processing—the processing of a work permit application that is pending receipt of a valid LMO—in most circumstances cannot be permitted.
Exception: For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks. The foreign national must provide CPC-Vegreville proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMO. The application will be initialized and the processing fee will be applied. Applications will be held by CPC - Vegreville for two months possibly more if a Quebec CAQ is required , after which a determination regarding the work permit will be made.
In old days it was possible to apply for Work Permit without an LMO at any time, now it's not - see here. If you already applied for for Work Permit without LMO enclosed call and ask them how can you send them a job offer letter from your employer and proof that your employer applied for an LMO.
All returning employers must demonstrate that they have met the terms and conditions of employment set out in previous LMO confirmation letters and annexes if applicable. Advantages of the Web Service Once an employer or an approved third-party representative has been deemed eligible for the TFW Web Service, the user will have the opportunity to: have an online account where they can update their company profile information e.
NOTE: Users cannot have access to the Web Service until they receive a confirmation letter from Service Canada which will include a username and a temporary password. This new Initiative applies to employers hiring temporary foreign workers in higher skilled positions such as: management, professional and technical occupations.
However, at the present time, the Initiative does not apply to the Seasonal Agricultural Worker Program, the Agricultural Stream and occupations in the film and entertainment sectors.
Read more Milorad Borota, Jan 13, , PM. Navigation Immigration to Canada Immigration laws Gen. The 2 main objectives of the new A-LMO Initiative are: improving the integrity of the Temporary Foreign Worker Program and labour market outcomes; responding to the employers' need for more efficient and timely LMO processing. To be eligible to participate in the A-LMO Initiative, employers must: have been issued at least 1 positive LMO in the previous 2 years; have a clean record of compliance with the Program within the last 2 years; not have been the subject of an investigation, infraction or a serious complaint; and not have any unresolved violations or contraventions under provincial laws governing employment and recruitment.
In addition: your work permit must have been confirmed by Human Resources and Social Development Canada HRSDC through a positive labour market opinion or you must be in a category that is exempt from an Arranged Employment Opinion in order for your offer of employment to be valid.
In this case, the offer of employment is valid if your prospective employer has made an offer to hire you on an indeterminate basis if you are accepted as a federal skilled worker, and has obtained a positive Arranged Employment Opinion from HRSDC and you meet all required Canadian licensing or regulatory standards associated with the job.
If you receive a call soliciting money or personal information from a number appearing identical to ours, you should consider it fraudulent. Only under select circumstances can LMIA-exempt work permits be obtained.
Obtaining a Canada work permit is typically a two-step process. It is incumbent on the Canadian employer to also submit a detailed list of Canadians who applied for the position; the number of Canadians interviewed for the position, and detailed explanations for why the Canadian candidates considered were not hired.
Canadian employers may be subject to inspection for compliance once a work permit has been issued. LMIAs are specific to employers, the position being offered, and the region in which the job is located. Obtaining a positive LMIA does not allow you to change your job or employer, or move to another Canadian region after acquiring a work permit. Typically, foreign workers and employers must go through a two-step process in order to receive a Canadian work permit.
In June , it was announced that work permits for foreign workers who require a LMIA will only be granted for a period of 1 year for all low-wage occupations. English and French must be the only languages that can be distinguished as job requirements both for LMIAs and for job vacancy advertisements unless the employer can prove that another language is otherwise required.
Employers must also advertise all job vacancies in the Canadian job market for at least four weeks before applying for an LMIA and are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canadian Job Bank website. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as Aboriginals or persons with disabilities. The transition plan should indicate how the company plans to reduce their reliance on temporary foreign workers.
The LMO application process serves, in part, as a way to ensure that these standards are upheld. The application asks employers to provide information on the wages, benefits, and general working conditions of the job being offered.
Employers must indicate that they will be paying their foreign worker a salary equal to or greater than the prevailing wage for their occupation. If they fail to do this, or to meet Federal and Provincial job standards, the application will be refused. Employers should thoroughly research the salary standards for the job position.
Incomplete or Inaccurate Application: It goes without saying that the LMO application form should be filled out and checked for both completion and accuracy. Cannot Convince Officer of Need for a Foreign Worker: A positive LMO will not be issued if the officer reviewing the file believes that the hiring of a foreign worker will take a job away from qualified Canadians.
This may happen if the requirements for the specified job are too broad, or the skills needed to perform job tasks are not particularly specialized, and therefore easy to fill.
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