The Federal government's Temporary Foreign Worker Program allows eligible Foreign Workers to work in Canada for an authorized period of time if employers can demonstrate that they are unable to find suitable Canadians/permanent residents to fill the jobs. The entry of these workers will not have a negative impact on the Canadian labour market. Employers from all types of businesses can recruit foreign workers with a wide range of skills to meet temporary labour shortages.
Service Canada formally known as (HRSD) processes applications from employers for LMOs and ensures that all necessary requirements are met. An LMO is an opinion provided by Service Canada to CIC which assesses the likely impact that hiring the requested foreign worker(s) may have on the Canadian labour market. A list of Service Canada Centres which process foreign worker request
To hire a foreign worker, the employer must generally obtain a positive Labour Market Opinion (also known as LMO) from Service Canada formally known as HRSDC.
When applying for an LMO, the employer will have to demonstrate
a) Efforts made to recruit available Canadians/permanent residents;
b) Wages the employer is offering are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region;
c) The working conditions for the occupation meet the current provincial labour market standards; and that any potential benefits that the hiring of the foreign worker may have on the Canadian labour market (e.g., creation of new jobs, transfer of skills and knowledge, etc.).
If the LMO is positive, Service Canada will issue an employment confirmation and employer will receive a response in writing which the employer should forward to the foreign worker along with a copy of a signed job offer and employment contract (if applicable).
The length of time it takes to process the LMO application may vary depending upon volume of applications and availability of the staff etc. Normally the processing time of the LMO application is between 30 to 90 days the most.
The foreign worker can then proceed to apply for a work permit either at a visa office abroad a port of entry, or from within Canada if legally permitted to do so. In most cases, foreign workers must apply for a work permit at a Canadian visa office abroad. Depending on the type of work they will undertake in Canada and where they have resided in the last year, foreign workers may also require a medical examination before entering Canada.
Note that a positive LMO does not guarantee that a work permit will be issued to the foreign worker. Visa and Border Services officers can refuse work permit applications and entry to Canada if they determine that the foreign worker does not meet the qualifications required by the LMO or is otherwise inadmissible to Canada for a number of reasons, including criminal, security or medical grounds.
An interview may be required if the visa office needs more information to determine whether the foreign worker is eligible to obtain a work permit. Each Visa office have different procedures , visa officer has the right to ask for certain information from foreign workers, including:
Proof of identity, valid passport or travel document that guarantees re-entry to the country that issued it, two photos of the foreign worker and two photos of all accompanying family members
A copy of the job offer or signed employment contract, a copy of the positive LMO issued by Service Canada (although a visa officer can access the LMO electronically, it is advised that the foreign worker be provided with a copy)
Proof of their present immigration status in the country in which they are applying (this applies to foreign workers who are not citizens of the country in which they are applying)
The length of time it takes to process work permit applications may vary depending on the location where the application is submitted. Normally the processing of the work permit will take 30 days the most.
During the overseas processing of work permits, employers should maintain regular contact with recruited foreign workers in order to be kept up to date on the status of their applications
If you wish to have more information or clarification regarding this program, please call our office at 905-696-7434 or email your questions to
info@canreach.com
