LMO’S & HRSDC Validations

Employers are required to apply for a Labour Market Opinion (LMO) in most cases before they can hire foreign workers.  To obtain a positive LMO, the employer must show recruitment efforts, i.e. prove that there is no Canadian worker available to do the job in question and a foreign worker is therefore needed.

The rationale behind prior HRSDC or Service Canada Confirmation of job offers is to ensure that Employment Authorizations are granted only in circumstances where there will not be a negative impact on the Canadian job market. The HRSDC or Service Canada Confirmation process thus entails that the Canadian employer demonstrate that a “significant” effort has been made to seek and hire a Canadian for the position in which there is a petition for validation. It is also generally necessary to establish that the temporary worker has special abilities or skills which are not easily found within Canada. Generally, the procedure for obtaining HRSDC Confirmation of job offers is demanding and time-consuming.

Before a Canada Work Permit can be issued, the Canadian employer who wishes to hire temporary foreign workers may need to apply for and be granted a positive Labour Market Opinion (LMO) by Human Resource Skills Development Canada (HRSDC) / Service Canada.  HRSDC will grant a positive LMO if they are satisfied that there is no Canadian worker available to do the job.

The positive LMO is provided to the foreign worker to submit with his/her application for a work permit.

Work Permits may be issued by Canadian immigration officials without the LMO requirement in a limited number of situations, as follows:

• Under international agreements, such as the North American Free Trade Agreement (NAFTA);
• Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
• As part of reciprocal agreementsCanadaand its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
• International students studying inCanadacan fulfill academic requirements, known as co-op placements;
• Spouses/common-law partners of Work Permit and certain Study Permit holders inCanadato work inCanada;
• If the nature of the work is charitable or religious;
• In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.

To avoid rejections and to perfect your application, contact us, we can assist both the Canadian employer and Foreign worker.