Labour Market Labour Market OpinionsOpinions

Foreign nationals who seek temporaryForeign nationals who seek temporary

work in Canada are inwork in Canada are in

most cases required to most cases required to go go through an application through an application

process that consists of process that consists of two steps.two steps.

Step 1: Labour Market Opinion Step 1: Labour Market Opinion (LMO) Application(LMO) Application

• The Canadian employer is usually required to The Canadian employer is usually required to apply for a Labour Market Opinion, or LMO. apply for a Labour Market Opinion, or LMO.

• After Service Canada has considered several After Service Canada has considered several factors in the labour market, service Canada factors in the labour market, service Canada may issue an LMO whichmay issue an LMO which

authorizes the employerauthorizes the employer

to employ a qualifiedto employ a qualified

foreign worker foreign worker

How Service Canada Considers How Service Canada Considers LMO Qualification LMO Qualification

For the approval of an LMO application, Service Canada For the approval of an LMO application, Service Canada considers the following factors:considers the following factors:

• Service Canada assesses if the employment of Service Canada assesses if the employment of the foreign worker in Canada will likely result in the foreign worker in Canada will likely result in direct creation of jobs or retention of jobs for direct creation of jobs or retention of jobs for citizens of Canada or permanent residents.citizens of Canada or permanent residents.

• Service Canada considers whether the potential Service Canada considers whether the potential foreign worker possesses unique skills and foreign worker possesses unique skills and knowledge that are transferable to Canadians knowledge that are transferable to Canadians during the period of employment.during the period of employment.

• Service Canada considers whether there is a Service Canada considers whether there is a labour shortage or shortage of workers in the labour shortage or shortage of workers in the occupation or field at present.occupation or field at present.

• The working conditions and wages that the The working conditions and wages that the foreign worker will be paid by the Canadian foreign worker will be paid by the Canadian employer are also considered, and Service employer are also considered, and Service Canada only approves applications if the Canada only approves applications if the employer will pay theemployer will pay the

prevailingsalary rate forprevailingsalary rate for

the position.the position.

• The potential company wherein the foreign The potential company wherein the foreign worker intends to work must prove that it has worker intends to work must prove that it has made reasonable recruitment and advertising made reasonable recruitment and advertising efforts to train or hire Canadian citizens or efforts to train or hire Canadian citizens or permanent residents.permanent residents.

• Service Canada makes an assessment of Service Canada makes an assessment of whether hiring the foreign worker will cause any whether hiring the foreign worker will cause any adverse effect on the settlement of any labour adverse effect on the settlement of any labour dispute in progress, or the employment of any dispute in progress, or the employment of any person who is involved in the dispute.person who is involved in the dispute.

Duration of LMO Application Duration of LMO Application ProcessProcess

The first step of the work permit process, which is The first step of the work permit process, which is the application for the LMO, may vary from a the application for the LMO, may vary from a

few weeks to several months depending on the few weeks to several months depending on the number of applications being processed and the number of applications being processed and the location where the potential foreign worker will location where the potential foreign worker will

be employed in Canada. However, in some be employed in Canada. However, in some cases LMO applications can be processed on an cases LMO applications can be processed on an

expedited basis.expedited basis.

Step 2: Work Permit Step 2: Work Permit ApplicationApplication

• Once Service Canada approves the application Once Service Canada approves the application for Labour Market Opinion, the potential foreign for Labour Market Opinion, the potential foreign worker can apply for a temporary work permit.worker can apply for a temporary work permit.

• The application for a Labour Market Opinion and The application for a Labour Market Opinion and the application for a work permit can become the application for a work permit can become complicated due to many factors that Service complicated due to many factors that Service Canada and Citizenship and Immigration Canada and Citizenship and Immigration Canada need to consider before issuing LMOs Canada need to consider before issuing LMOs and work permits respectively.and work permits respectively.

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