Citizenship and Immigration Canada has recently introduced changes to the Labour Market Opinion (“LMO”) application process which should allow employers to obtain LMO’s in a more timely fashion. Unless a foreign worker is exempt from needing a LMO, a LMO is required before a Canadian employer can hire foreign workers. A positive LMO demonstrates that there is a need for the foreign worker to fill the job being offered by the employer and that there are no qualified Canadians or Permanent Residents available to do the work after recruitment efforts were made by the employer.
A new Accelerated LMO (“A-LMO”) initiative aims to improve efficiency by reducing the amount of time to process LMOs for higher skilled workers. Essentially, if the employer meets all of the eligibility criteria required to participate in an A-LMO initiative, the employer can then simply attest to specific assessment criteria and a positive A-LMO could then be issued in as little as 10 days.
This new initiative should help reduce some of the hassle associated with the use of temporary foreign workers, as it is intended to provide Canadian employers with quicker access to employees outside of Canada who possess skills that are in short supply. However, employers participating in this initiative may be subject to greater scrutiny by Service Canada, as up to 20% of positive A-LMOs will be selected for compliance review.
Employers who wish to hire foreign workers using the A-LMO process may apply online or by sending a paper application to Service Canada.
If you require assistance with this process, or have any other questions related to the hiring of temporary foreign workers, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at: http://www.mathewsdinsdale.com/news-events/in-a-flash/
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