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In order to be approved for certain Canada work permits, Canadian employers first have to make an application for a Labour Market Opinion or LMO to Service Canada formally known as Human Resources Development Canada (HRDC).
Generally, in order to qualify for an LMO, Canadian employers have to demonstrate, among other things, that they have made efforts to hire a local Canadian or permanent resident for the job that is offered to the foreign worker. This is usually done by advertising in local or national newspapers for the position offered.
Once Service Canada is satisfied that the employer qualifies for an LMO, they will issue a letter for the employer and the prospective employee can then apply for his or her Canadian work visa.
Service Canada has recently advertised new requirements for national advertising for all LMO applications. Service Canada has announced that all occupations for which a company is seeking to hire a foreign worker are now subject to the same minimum advertising requirements based on the National Occupational Classification (NOC) system. Failure to comply with these requirements will result in an application for a Labour Market Opinion being denied.
In the past, Service Canada accepted applications for certain occupations considered to be occupations that were in demand. Such occupations are those where a company demonstrates that it had advertised on the Government of Canada’s national Job Bank for a minimum of 7 calendar days or it could be shown that the company had established sincere recruitment efforts to hire workers. This standard for these occupations in demand has now been cancelled. Now a new standard applies to all occupations regardless of whether they are in demand are now subject to the new minimum recruitment requirements.
Service Canada now requires that the following minimum recruitment requirements be met before it will approve an application for an LMO:
The advertisement must include the employer’s name, business address and wages being offered.
As you can see the new LMO rules for employers are more technical than ever before. It is therefore important to ensure that your Canada work permit application is properly prepared in order to maximize your chance of an approval from Service Canada.
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