Labour Market Opinion

Applying for a LMO to hire foreign workers?

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Labour Market Opinion is required by the Canadian companies that want to hire foreign workers to fill the job openings that cannot be filled by Canadian workers. LMO is an opinion that is provided by Human Resources and Skills Development Canada (HRSDC) or Services Canada, determining

  • The impact of employing a foreign worker on the labour market in Canada
  • The need for a foreign worker to fill the job opening
  • That there is no Canadian worker available to do the job

LMO is granted to the company, if the employment of a foreign worker has a positive impact on the Canadian labour market. This is called a "positive LMO".

A Canadian employer can seek LMO for:

  • Hiring a specific foreign worker
  • Filling a specific job position
  • Recruiting a large number of foreign professionals for a number of job positions

LMO-Exempt Job Categories

There are some categories that do not require an LMO. You need not apply for an LMO, if your prospective employee falls under any of these categories:

  • Workers under international agreements (this group includes traders, professional visitors, investors, business visitors)
  • Participants of Exchange Programs (youth exchange programs, teachers exchange programs and other joint programs)
  • Spouses (spouses or common-law partners of certain foreign skilled workers or international students studying full-time in Canada)
  • Workers nominated by a province for permanent residence
  • Academics and students
  • Co-op students
  • Entrepreneurs and workers transferred within the company
  • Religious workers
  • Individuals waiting on their refugee claims, who need to support themselves

If you're hiring employees for LMO-exempt job categories, you will need to request an assessment from a Temporary Foreign Worker Unit. However, this is applicable only when the foreign worker is from a visa-exempt country and is outside Canada.

Approval on Your Pre-Approval Request

Once your pre-approval request is approved and you have received a notice from Service Canada, you:

  • Can begin recruiting but recruited individuals cannot enter Canada and work for you until you're provided with a positive LMO.
  • Need to send all the required information about recruited foreign workers to Service Canada. After reviewing the sent information, Service Canada will issue positive LMO to each recruited worker.
  • Need to fulfill conditions of the foreign worker application form and employment contract.
  • Need to provide recruited foreign workers with confirmation letters, advising them to apply for a work permit and a temporary resident visa at a visa office in their respective countries

Refusal of Your Pre-Approval Request

If your pre-approval request is refused, you:

  • Cannot begin recruiting
  • Can submit a new application to service Canada and include new information that you feel may affect their decision

Why Hire Legal Assistance for Your LMO Application?

Applying for a labour Market Opinion is a complex process. And as an employer, you can't afford to misrepresent the information. You may not only face refusal but can also face serious civil liabilities. Once your application is refused, you will have to again apply for LMO with a new application, which is again very time-consuming.

Regulated immigration consultants can suggest you the right course of action and help you prepare a strong application right in the first instance. Although the final decision depends on the Service Canada but legal assistance can sharply shoot up your chances of success.

Why Hire Us?

SPS Canada Immigration Inc. is a team of registered immigration consultants who are qualified and licensed to offer consultancy and prepare LMO and corporate immigration applications for organizations and individuals respectively.

We know what it takes to receive a positive Labour Market Opinion and how to prepare a genuine and strong application, to ensure success right at the first attempt. We assist you with all aspects of LMO, right from preparing the application to reply to enquiries by Service Canada and sending LMOs to the foreign skilled workers that you have recruited.

 

Drop us an email or call us to discuss your eligibility and options.