Q. My Canadian employer applied for a LMO and Service Canada refused the application. Why did this happen?
A. We get these inquires all the time. Without knowing the details of this case, it is hard to say why the LMO was refused. But here are some tips to avoid getting a refused LMO Application:
How to Avoid a LMO Application Refusal
Employers need to hire foreign workers as there is a huge skill and labour shortage in Canada. Foreign workers essentially support the economic growth in Canada. Many positions require a Positive Labour Market (LMO) prior to applying for the Work Permit.
Essentially, a LMO is the opinion assessing the impact the foreign worker would have on Canada’s labour market or, in other words, how the offer of employment would likely affect Canadian jobs.
There are basically two steps to hiring a foreign worker.
- The first is that the employer will require a positive Labour Market Opinion in order to hire the temporary foreign worker.
- The second step is that the foreign worker will need a copy of the positive Labour Market Opinion to apply for the work permit.
Of course there are certain positions/circumstances when a Labour Market Opinion is not required. Such as NAFTA work permits.
The LMO application gets assessed based on the employer providing the prevailing wage, offering the foreign worker a position with acceptable working conditions as well as ensuring that by hiring the foreign worker the labour market of Canada will most likely benefit. One of the ways Service Canada does this assessment is by paying particular attention to the recruitment efforts.
The recruitment efforts are really imperative to a successful LMO application. The recruitment activities must be consistent with the practice within the occupation.
There is key information which must be mentioned in all advertisements such as: job duties, wage range, location of work and the nature of the position.
Particular consideration needs to be made towards words used describing the job duties.
The National Occupational Classification (NOC) is the Wikipedia on all occupational information in Canada. When posting a position, ensure you look at the NOC first. Use key words in the NOC in your advertisement but DO NOT copy and paste the NOC. You want to ensure that it is relevant to your business.
Most occupations require a minimum of 2 advertisements done for 14 days. By advertising in more places, one can argue that that the employer exhausted all means to find a suitable Candidate in Canada. This is always a good idea. But remember; do not post the position in unrelated places. Meaning, where potential candidates will most likely not look. For example, if you are in the Mining industry, most likely potential candidates will not send their resumes on Craigslist. So you want to place the advertisement on a relevant site such as Workopolis.
Last point, outline why the other candidates were not suitable for your organization. Ensure that you inform the CIC officer of why the foreign worker was chosen over the Canadian permanent residents and Canadian citizens. The focus of your explanation should be geared towards the foreign worker’s skill sets, credentials, work experience and any proprietary knowledge.
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Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.