As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past year. So many, in fact, that it has been hard to keep track of all the new legislative and regulatory amendments and new administrative measures.
Yet another important change to the Temporary Foreign Workers Program came into effect on December 31, 2013 — one that can’t be overlooked by employers of temporary foreign workers. This is the amendment of the Immigration and Refugee Protection Regulations. read more…
As we reported in May, Canada’s Temporary Foreign Worker Program (TFWP) has been under fire in recent months. The use of the TFWP to facilitate offshoring arrangements has received much attention from the prime minister, the minister of citizenship and immigration, and the media.
The immediate reaction of the government was to put a hold on all the Labour Market Opinion (LMO) applications that concerned information technology (IT) workers. Although the LMO-freezing measures have been relaxed, confusion remains. read more…
By Susan Bradley and Gilda Villaran
In November 2009, we started a discussion on the fundamentals of Canadian work permits. Until now, Canadian employers didn’t have to obtain a Labour Market Opinion (LMO) from Services Canada for certain information technology (IT) professionals. Employers didn’t have to prove that they had advertised the position, that they had conducted reasonable recruitment efforts and that none of the local candidates, if any, were qualified to fill the IT position.
Beginning in 1997, it was assumed that there was a shortage of IT professionals in Canada. This assumption and the exception to the LMO requirement are no longer. Effective September 30, 2010, foreign IT specialists generally require an approved LMO from Services Canada before a work permit will be issued.
In our January 4 article, we discussed the usual process for getting a work permit for a foreign employee entering Canada: obtaining a Labour Market Opinion (LMO). The LMO process can be complex, lengthy, and very demanding for employers. Fortunately, several exemptions exist that can provide you with a much faster, simpler process. Let’s have a look at the most common of these LMO exemptions.
This exemption is for workers who are being transferred to a Canadian parent, subsidiary, branch, or affiliate of their American or other foreign employer. Two types of workers are covered by this exemption: executives/senior managers and employees who possess specialized knowledge.
As we mentioned in a November article, most foreign workers require a work permit to legally work in Canada. And to get a work permit for a foreign worker, the prospective Canadian employer must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills Development Canada (also referred to as Service Canada). Although some workers may benefit from an LMO exemption, this article focuses on LMOs â€“ what are they, who needs one, and how they’re obtained.
What is a Labour Market Opinion?
A positive LMO confirms that the employment of a foreign individual in Canada won’t have a negative impact on the Canadian labor market â€“ the foreign worker won’t be taking work away from Canadians. The LMO is not a work permit. It’s a prerequisite to obtaining a work permit.