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Omar Yaqub

What is the difference between a pre-approved LMO and a LMO? - 0 views

  • A pre-approved LMO or ‘pre-approval to hire temporary foreign workers’ is a process introduced by Service Canada for employers hiring foreign workers in occupations where the recruitment activities are ‘prolonged and/or extensive’. Given the current pressure for workers, most of the occupations in the construction industry fall under this category. Pre-approved LMOs are used when the employer wishes to have an ‘approval in principle’ prior to starting the recruitment phase. It is important to note that pre-approved LMOs do not guarantee a positive Labour Market Opinion from Service Canada. LMOs are specific to a particular worker and the labour market situation at any given time. The actual determination of a positive LMO can only be made after the employee has been selected. If you have already applied for a pre-approval, you will only provide the worker-specific information once you have selected your worker. For employers who have not applied for a pre-approval to hire a worker, ...
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    "A pre-approved LMO or 'pre-approval to hire temporary foreign workers' is a process introduced by Service Canada for employers hiring foreign workers in occupations where the recruitment activities are 'prolonged and/or extensive'. Given the current pressure for workers, most of the occupations in the construction industry fall under this category. Pre-approved LMOs are used when the employer wishes to have an 'approval in principle' prior to starting the recruitment phase. It is important to note that pre-approved LMOs do not guarantee a positive Labour Market Opinion from Service Canada. LMOs are specific to a particular worker and the labour market situation at any given time. The actual determination of a positive LMO can only be made after the employee has been selected. If you have already applied for a pre-approval, you will only provide the worker-specific information once you have selected your worker. For employers who have not applied for a pre-approval to hire a worker, "
Omar Yaqub

Operational Bulletin 279-D (revised) - September 27, 2012 - 0 views

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    "to clarify for employers that they may use the Labour Market Opinion (LMO) or Accelerated Labour Market Opinion (A‑LMO) process rather than the Alberta Occupation-Specific Pilot. If an employer uses the LMO or A‑LMO process, the foreign national(s) should be issued an employer-specific Work Permit (WP)."
Omar Yaqub

Aikins - 0 views

  • Once a LMO is obtained, how long does it take to get a work permit? Once a LMO is issued, a foreign worker must obtain a work permit before commencing work. Foreign workers who are U.S. citizens and permanent residents can typically apply for a work permit at a Canadian border crossing or international airport upon arrival. Similarly, citizens of most western European countries, most Caribbean countries, Australia, New Zealand, Japan, Korea and other countries whose nationals do not require visas to visit Canada, can apply at ports of entry. However, if the individual is a citizen of a country whose nationals require visas to simply visit Canada, the employee will first have to obtain the visa. Depending on the individual’s country of citizenship or residence, delays can range from a matter of days to months.
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    How long does it take to get a LMO? Processing times for LMOs opinions can vary depending on the where in Canada the job is located. In the last few years, processing times have varied from a number of weeks to a number of months depending on the location of the job.
Omar Yaqub

Importing Foreign Workers- The Basics - 0 views

  • Canada has agreed to the inclusion of the following service sectors in the GATS agreement: business services, communication services, construction services, distribution services, environmental services, financial services, tourism and travel related services and transport services.
  • A GATS professional is one who seeks to engage, as part of a services contract, in an activity at a professional level, provided that the person possesses the necessary credentials and qualifications. There are nine accepted professions under GATS:
  • • engineers; • agrologists; • architects; • forestry professionals; • geomatics professionals; • land surveyors; • legal consultants; • urban planners; and • senior computer specialists.
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  • Under GATS professionals may only work in Canada for a period of 90 days in any 12 month period
  • Spouses Spouses (including common-law partners) of temporary foreign workers can apply for a work permit without a confirmation from HRSDC, provided that the principal applicant is authorized by a work permit to work in Canada for at least six months. Initial this category was only available for spouses of skilled workers but recently it has been expanded to cover spouses of any temporary worker. The spouse of a temporary worker may apply for an open work permit, which allows the spouse to accept almost any job. The spouse's work permit will expire when the principal applicant's work permit expires.
  • As a general rule, a person who is not a Canadian citizen or a permanent resident must hold a valid work permit in order to work in Canada. Work permits are issued by Citizenship and Immigration Canada (“CIC”). Further, as a general rule, prior to the CIC issuing a work permit, the employer must receive a confirmation of employment from Human Resources and Skills Development Canada (“HRSDC”). This confirmation of employment is referred to as a “Labour Market Opinion” (“LMO”).
  • Foreign workers may also require a temporary resident visa to work in Canada; however, citizens and permanent residents of the U.S. are exempt from this requirement.
  • Under Canadian immigration law, it is the worker who must apply for and receive the work permit.
  • foreign worker must submit to CIC a copy of the HRSDC confirmation of employment and a detailed description of the employment offer (provided by the employer). There is a non-refundable fee of C$150 for processing an application for an individual work permit.
  • worker may apply for a work permit before entering Canada, at a port of entry or from inside Canada, depending on the worker's status
  • Generally, temporary foreign workers must apply for a work permit before departing for Canada, although the actual work permit will be printed and given to the foreign worker at the port of entry when he/she enters Canada.
  • If the foreign worker is from the U.S. or if the foreign worker does not need a temporary resident visa to visit Canada and an exemption is available from the requirement to obtain a confirmation of employment
  • the foreign worker is prohibited from applying for a work permit until his or her arrival at a port of entry.
  • If the applicant has been working in Canada for at least three months under an exemption, other than as a business visitor, but wants a permit to accept another job the foreign worker can apply for a work permit while already located in Canada
  • The worker is expected to abide by the terms and conditions set out in the work permit. Work permits are valid only for a specified job, employer and time period. However, workers can apply to the CIC to modify or extend their work permit. An application to extend a work permit should be made at least 3 months prior to the permit's expiry.
  • It is currently taking CIC over 117 days to process an application to renew or to change the terms and conditions of entry to Canada
  • Once the application is submitted the foreign worker can continue in employment pending approval of the extension, as long as they remain in Canada while that application is pending.
  • If the employer dismisses the foreign worker, the employee must apply to change their status to a visitor or find a new employer and apply to change the work permit to that new employer. There is no positive obligation on any employer to report the change in employment status to Immigration
  • Confirmation of Employment As a prerequisite to issuing a work permit, an immigration officer will generally require a Labour Market Opinion or a "confirmation of employment" from HRSDC. An employer who wishes to hire a temporary foreign worker is responsible for having the job offer validated by HRSDC. HRSDC will base its confirmation of employment on the following factors:
  • guidelines introduced by Service Canada for minimal recruitment efforts are as follows and are strictly adhered to:
  • NOC O and A Occupations You will have conducted the minimum advertising efforts required if you: • Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or • Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO
  • If HRSDC is satisfied that the employment offer to a foreign national will not adversely impact the Canadian labour market, it will issue a confirmation of employment or LMO to the employer and enter the confirmation of employment into a database that can be accessed by immigration officials.
  • The employer then generally sends the foreign worker a copy of the LMO, as well as a detailed employment offer to be presented to immigration officials when the worker applies for his/her work permit at an overseas Canadian Consulate or upon the worker's arrival at a port of entry, if the worker is coming from a country that is visa exempt. Upon receipt of the HRSDC confirmation, immigration officials will decide if the foreign worker otherwise qualifies for a work permit.
  • confirmation process through HRSDC is a distinct stage from that of the work permit issuance by CIC. Currently the processing time at HRSDC is estimated at 3 to 5 weeks after receipt of acknowledgement of the application. Acknowledgements of receipt are currently taking 2 to 3 weeks.
  • Workers who require a work permit but not a confirmation of employment include those who are found to provide a significant benefit to Canada, spouses of temporary foreign workers, information technology workers, graduate students under a specialized work program and those who qualify for exemptions under NAFTA and GATS.
  • a 4 year cap on LMOs and an expiry date so foreign workers must rely on it within 6 months of issue or new recruiting efforts will be required.
Omar Yaqub

Expedited Labour Market Opinion Application - 0 views

  • Expedited Labour Market Opinion Application The Human Resources and Skills Development Canada (HRSDC) and Service Canada (SC) have put in place an Expedited Labour Market Opinion (E-LMO) pilot project to accelerate the application processing times for obtaining an LMO in Alberta (and British Columbia). Applications from employers who qualify to particiate in the E-LMO project will be processed approximately within five (5) business days.
  • There are 33 occupations that employers may apply for under the E-LMO program, examples of some are:Journeyman/Woman CarpentersConstruction LabourersJourneyman/Woman Crane OperatorsDelivery DriversElectrical and Electronics EngineersFood and Beverage ServersFood Counter AttendantsFood Service SupervisorsHeavy-duty Equipment MechanicsHotel Front Desk ClerksHotel and Hospitality Room AttendantsIndustrial ElectriciansIndustrial Meat CuttersMachinistsManufacturing and Processing LabourersRoofersSteamfitters, PipefittersWelders
Omar Yaqub

Working Temporarily in Canada: Who Can Apply - 0 views

  • most cases you will need a written job offer or contract of employment from your employer in Canada before you apply for a work permit. You will also need to provide evidence that you meet the requirements of the job offer.
  • need a positive labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC)
  • most cases, if you need a work permit, you will also require written confirmation from HRSDC that your employer can hire a foreign worker to fill the job. This is called a positive labour market opinion or LMO. It is up to your employer to get this written confirmation.
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  • After your employer gets confirmation that you can be offered a job, the employer will send you the LMO confirmation letter. In some cases, you can submit your work permit application while you wait for the LMO
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Omar Yaqub

III. Overview of the Provincial Nominee Programs (PNPs) - 0 views

  • According to all PNP agreements signed to date, provincial governments hold exclusive authority to establish program criteria, nomination quotas, and administrative schemes, leaving the federal government with a limited role to monitor basic admissibility requirements under the IRPA and to negotiate evaluation processes for each provincial program. The language of the framework agreements indicates unequivocally that these programs are designed for the provinces to occupy maximum jurisdictional space.
  • At the level of program design, current PNP agreements enable the provinces to establish their own criteria for making nominations and to set target numbers for nominees from year to year.
  • Most provinces have created distinct sub-categories or streams in their PNPs based on skill level, family statues, or planned business development, and sometimes restrict these to specific industries and occupations.
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  • All existing PNP streams for lower-skilled workers require nominees to first become temporary workers admitted into the province through one of the federal TFWP streams and to work under a temporary permit for a minimum time period before they are eligible to apply as a nominee (6 and 9 months are common). Other program steams for higher-skilled workers allow nominees to be recruited form outside Canada and to arrive directly without first applying through the TFWPs.[lx]
  • A second common feature of PNPs is that they, like the TFWPs, are essentially employer-driven and thus reflect strongly the interests and demands of influential private actors.  Employers directly generate the demand for foreign workers, sometimes participate actively in developing specific PNPs, and invariably exert a high degree of practical control over nominee recruitment and selection processes.
  • PNPs to provide access to permanent immigrants whose employment skills are specifically selected to meet these labour requirements is clearly attractive to businesses. PNP immigration processes also tend to be much faster compared to those at the federal level, closing the sometimes-lengthy gap in time between the point at which employers identify labour needs and the point when workers are actually available to fill these positions. PNPs may also allow employers to bypass the federal LMO requirements under certain conditions, which is significant since employers have expressed some frustrations with the time and resources they need to devote to fulfill these requirements.[lxv]
  • [t]he PNP and the TFW Program are popular with some larger employers but often prove too costly for smaller ones to adopt.”[lxvi] Large businesses can more easily afford the significant administrative costs that can attach to recruiting, transporting, re-settling, and training nominees, such that the demands of these enterprises are most likely to dominate nominee programs
  • recent example, Maple Leaf Foods spent an estimated $7,000 per worker to employ individuals in their Brandon, Manitoba processing plant, bringing them to Canada initially through a TFWP and subsequently nominating them for permanent residency through the Manitoba PNP.[lxvii]
  • the federal-provincial agreements on immigration with Ontario and Alberta contain annexes that provide provincial governments and employers with greater flexibility in assessing labour market needs, without requiring input from HRSDC in the form of an LMO
  • Ontario and Alberta annexes explicitly recognize that pursuant to s. 204(c) of the IRPR, CIC is authorized to issue a temporary work permit without requiring a prospective employer to seek an LMO if requested to do so by the province
  • Under these sub-agreements, Ontario and Alberta agree to establish procedures and criteria to govern this authority, and to provide annual estimates of the number of temporary work permits issued by this route
  • A few critics of the TFWPs and PNPs in Canada have pointed out the overriding problem of employer control both in the policy-setting realm and in the actual workplace. Their criticisms raise concerns about effects on national immigration policy, on labour protection policies, on the realization of actual protections for vulnerable workers, or as some combination of these
  • [s]ome argue that letting employers choose who enters is against all the principles that have shaped Canada as an immigration country
  • Alboim and Maytree target the devolution of decision-making and program development from the federal government to the provinces and private interests, resulting in fragmentation of immigration priorities and procedures
  • Others have focused specifically on the fact the PNPs bind foreign workers closely to employers, exacerbating rather than relieving some of the real insecurities that figure prominently in the TFWPs
  • Some proponents of existing PNP models have countered that the problems associated with employer control over economic immigration are overstated and maintain that market-based incentives will effectively penalize abusive employers. These parties believe that economic immigrants will be attracted to responsible employers, such that employers will have adequate incentives to place voluntary restraints on formal and informal bargaining power.
  • But this argument rests on the dubious assumption that information about employer practices is readily available and that it will be accessible by temporary foreign workers – who, as discussed below, face significant barriers related to language, education, cultural, and access to support services. Without this information, so-called “reputation effects” are unlikely to place serious restraints on employers’ actions
  • Overall, it is generally clear that implicit standards of self-regulation fall well below what is necessary to protect workers, particularly in light of the broad employer discretion now inherent in existing PNP models. The main questions, taken up in the following section, are about what aspects of nominee program design premised on this discretion actually contribute to workers’ insecurities and about whether responses by governments and third-party actors can be considered sufficient to meet the resulting concerns.
Omar Yaqub

Operational Bulletin 279-B - May 31, 2011 - 0 views

  • Foreign nationals who are entering Canada and destined to Alberta as TFWs, and who have an initial job offer from an Alberta employer (or an Alberta employer making a job offer on behalf of a recognized Group of Employers (GoE) under the Citizenship and Immigration Canada (CIC)-Human Resources and Skills Development Canada (HRSDC) GoE Pilot in the Steamfitter-Pipefitter occupation—National Occupational Classification 7252; or, TFWs certified and currently working in the steamfitter/pipefitter trade in Alberta.
  • Steamfitter-Pipefitter is a compulsory trade in Alberta. Therefore, the uncertified TFW must have an approved application and an approval letter from Alberta Apprenticeship and Industry Training (AAIT) for the Qualification Certification Program prior to arrival in Canada (see sample in Appendix A). Information related to the Qualification Certificate Program can be found at www.tradesecrets.alberta.ca.
  • A one-year employer-specific WP, specific to the Steamfitter-Pipefitter occupation and based on a job offer from a named employer, or an employer making a job offer on behalf of a recognized GoE under the CIC-HRSDC GoE Pilot, may be granted to a foreign national as described above upon application (including payment of the appropriate fee) and without requiring an LMO.
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  • advise officers of a Temporary Foreign Worker Program (TFWP) pilot project effective in the Province of Alberta, allowing foreign nationals coming to Canada to work temporarily in a specific occupation and to be issued a Work Permit (WP) without requiring a Labour Market Opinion (LMO) from Service Canada
  • LMO Exemption Code is T13 in conjunction with R204(c) of the Immigration and Refugee Protection Regulations—“an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act”. This code must be used on the initial one-year WP and the subsequent two-year open WP.
  • oth the initial WP and the subsequent open WP should indicate in the “Province” field and in the printed “Conditions” that it is only valid for work performed in the province of Alberta and in the Steamfitter-Pipefitter occupation.
Omar Yaqub

Hiring Temporary Foreign Workers in Canada - 0 views

  • Steps to Hire Temporary Foreign Workers
  • Hiring Steps: In almost all cases, foreign workers must have a valid work permit to work in Canada. When hiring a foreign worker, you, the employer must generally : Submit an application for a Labour Market Opinion (LMO) to the Service Canada Centre responsible for processing applications.
  • Employers using a third party representative must complete the "Annex to the Appointment of Representative" form and send it with the LMO application.
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  • Once HRSDC/Service Canada approves the job offer, send a copy of the HRSDC/Service Canada LMO confirmation letter to the foreign worker.
  • Inform the foreign worker to apply for a work permit from Citizenship and Immigration Canada (CIC).
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    Steps to Hire Temporary Foreign Workers
Omar Yaqub

HRSDC Assessment for Labour Market Opinion - 0 views

  • Labour Market Opinion Assessment Criteria You will find below, a description of the factors that Human Resources and Skills Development Canada (HRSDC)/Service Canada takes into consideration when assessing an application for a Labour Market Opinion (LMO) to hire a temporary foreign worker. It is important that you read the following pages that describe the conditions you must meet in order to receive a positive or neutral LMO. Applications that are filled incorrectly will delay processing times. When assessing a job offer, HRSDC/Service Canada considers primarily: the occupation that the foreign worker will be employed in; the wages and working conditions offered; the employer's advertisement and recruitment efforts; the labour market benefits related to the entry of the foreign worker; the consultations, if any, with the appropriate union; and whether the entry of the foreign worker is likely to affect the settlement of a labour dispute.
Omar Yaqub

Major Changes to Canada's Temporary Foreign Worker Program - Immigration - Canada - 0 views

  • Many TFWs will be exempt from the 4 year time cap, including: TFWs in managerial (NOC 0) or professional occupations (NOC A). Therefore, LMO-based work permit holders in occupations at these two NOC skill levels are not affected by the 4 year time cap. TFWs who are exempt from the Labour Market Opinion process. This includes two key work permit categories used by many Canadian employers: (1) the intra-company transferee work permit category; and (2) work permits issued under international agreements (such as NAFTA, CCFTA, the Seasonal Agricultural Worker Program etc.)
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    Many TFWs will be exempt from the 4 year time cap, including: TFWs in managerial (NOC 0) or professional occupations (NOC A). Therefore, LMO-based work permit holders in occupations at these two NOC skill levels are not affected by the 4 year time cap. TFWs who are exempt from the Labour Market Opinion process. This includes two key work permit categories used by many Canadian employers: (1) the intra-company transferee work permit category; and (2) work permits issued under international agreements (such as NAFTA, CCFTA, the Seasonal Agricultural Worker Program etc.)
Omar Yaqub

Frequently asked questions: Working temporarily in Canada - 0 views

  • Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If your spouse or common-law partner and children need temporary resident visas, they must also meet all the conditions for obtaining those visas.
  • If your family members want to follow you to Canada later, they must each fill out a separate application form
  • Can my spouse or common-law partner work in Canada?
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  • If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada
  • However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below
  • A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B
  • If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including: A letter from your current employer confirming employment or a copy of your employment offer or contract; AND A copy of one of your pay slips.
  • B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot projec
  • In each of the above cases, your spouse’s permit will be valid for the same period as yours.
  • If you meet these requirements, your spouse may apply for an open work permit. Your spouse’s permit will be valid for the same period as your authorization to work in Canada. If your job does not fall within the categories listed above, your spouse may still apply for a work permit, but it will have to be for a specific job and in most cases, the employer will have to obtain a labour market opinion (the normal authorization required for the employer to hire you) from Human Resources and Skills Development Canada.
  • In some cases, your spouse or partner will need a medical examination.
  • If they have not already applied overseas, spouses and partners may apply for their work permit from within Canada.
  • Can my dependent children work in Canada? Can my dependent children work in Canada? If your dependent children want to work while in Canada, they must apply for their own work permit
  • Normally, they must meet the same requirements that you do, including (if needed) a labour market opinion (LMO) from Human Resources and Skills Development Canada.
Omar Yaqub

Canada Work Permit - 0 views

  • 2. How long does Confirmation take?   The duration of the Confirmation process depends on a number of factors, including the specific location at which the offer is being made, and the circumstances of the case itself. There are several Service Canada offices throughout Canada, and the location will affect processing delays. On average, delays for such cases are 30 to 60 days.   Additional delays can be incurred in the case that the Canadian employer is not capable of demonstrating that a significant effort to hire a Canadian has taken place. In such a case, it may be necessary to spend time engaging in an advertising effort prior to being able to conclude the confirmation application.
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    2. How long does Confirmation take?   The duration of the Confirmation process depends on a number of factors, including the specific location at which the offer is being made, and the circumstances of the case itself. There are several Service Canada offices throughout Canada, and the location will affect processing delays. On average, delays for such cases are 30 to 60 days.   Additional delays can be incurred in the case that the Canadian employer is not capable of demonstrating that a significant effort to hire a Canadian has taken place. In such a case, it may be necessary to spend time engaging in an advertising effort prior to being able to conclude the confirmation application.
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