My LMO Application Was Refused. What went wrong?

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. (Also see LMIA and processing times).

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.

Need Help with your LMO Application or Canadian Work Visas?

Contact us for an assessment at

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

  • Katie


    I have been in Canada for about a year and a half now. I just received a positive outcome for my visitor extension which is valid for a year. I recently spoke with my potential employer regarding the results of the low wage dual intent LMIA for the job pharmacy technician NOC 3219. This is not a regulated pharmacy technician position. It is simply just pharmacy technician at an independant pharmacy in North Vancouver. Everything on the LMIA was filled out correctly, the correct documents were attached, and advertising requirements were met. We received a negative response with the only reason for denial being that the wage that I was offered was too low. The median wage for my position is $14 an hour and I was offered $15 an hour, but we are being told that I have to be paid $25 an hour, which is the reason for the refusal. That is far above the median wage for this position as well as the median wage for the province of B.C. Any advice on how to proceedwould be greatly appreciated as this is a pressing matter. Thanks

    • Muga Rajbhandari

      Hello Katie, Thank you for writing to us. Your situation is unfortunately not uncommon. Sometimes small errors in interpreting the regulations can result in a denial, and force the process to begin again. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. We have been practicing Canadian immigration law for over 18 years. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Muga

  • Irish

    Hi, good day! I would be really grateful if anybody here would answer my questions. I am about to finish my contract in october and planning to get my friend over here to replace me as a caregiver. My employer agreed to get her and willing to process lmia. My employer and I got everything done already advertised and signed all the requirements needed and ready to apply for lmia but my canadian friend stopped us from submitting the paper because she told us that she got denied 3 times by the esdc. Shes applying lmia for tfw caregiver too from philippines. Weve been told by my friend to better use an agent or agency to not get refused. Because the esdc is pretty strict now. I dont know which is better to process by yourself or pay much money for agency??

    • Muga Rajbhandari

      Hello Irish. Immigration can be very complex for people without experience. We have been practicing immigration law for over 18 years. If you need help with your application to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Muga

  • Nick

    Quick questions on LMIA:
    Last yr in 2015, my company applied for LMIA for me, but it got rejected with the reason, that I had low wage and can’t met the median wage requirements.

    Now, I am in same company and same position, but now I got promoted and getting median wage.

    Now, after one rejection and working in same company from last 1.5 yr, can I able to apply LMIA again ? My company surely doesn’t have the job posting history that they posted 2 yrs ago for my position, so what I can do here ?

    Please, reply on this, and thank you in advance.


  • Shikhar Bhardwaj

    Dear Sir,

    Recently my canadian employer applied for a LMO for me and send a copy to me for the same. Now I found that my name is written wrong on the application. I mean my First Name is written in last name column and the last name is written in first name column. Will this thing affect my future work like applying for work premit or do I need to contact the employer for the same.

    • Muga Rajbhandari

      Hello Shikhar. You must get your employer to fix this as soon as possible.
      Regards, Muga

  • Nerissa Dumansi

    Hi sir I would like to post a question in behalf of my friend..she’s been working under an employer for almost 2 years on December this 2016 but because she will not recontract under the same employer,her employer agreed that she will end her job on September before even completing her contract and she is also getting married by January 2017 to a Canadian citizen..since she didn’t complete the required hours and months to acquire a permanent resident what will be the legal papers she needs to process so she won’t get in trouble regarding her status? thank you so much sir for looking into my question I really appreciated your blog to this site it helps a lot to learn from you guys. My sincerest thanks sir.

    • Vahe Mirzoyan

      Hello Nerissa. Your friend can obtain her permanent residency through a spousal sponsorship once she is married. Please call us so that we can get more information about your friend so that we can recommend a strategy to ensure that she does not fall out of status before she gets married. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  • Nerissa Dumansi

    Hi good day sir Michael.. I’m a temporary foreign worker and sponsored by a family in Ontario and work for them but through unfortunate situation they let me go and find another job.. After they cut off my sponsorship does it mean my work permit under them which is also is in my passport expired the moment they let me go I don’t know what is my situation while I’m looking for a new job as a live in caregiver? Pls help me to clarify things how many months should I get a new work that would sponsor me again and a new. Work permit before I get in trouble? Thank you for taking time to consider my questions?

    • Vahe Mirzoyan

      Thank you for writing to us Nerissa. It is always stressful when one job ends and you have to find another one to stay in status. In your situation you have 90 days to find another job. After you find another job, and I am sure that you will, if you need help with your applications to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at
      Best of luck, Vahe

      • Nerissa Dumansi

        Hi sir I would like to post a question in behalf of my friend..she’s been working under an employer for almost 2 years on December this 2016 but because she will not recontract under the same employer,her employer agreed that she will end her job on September before even completing her contract and she is also getting married by January 2017 to a Canadian citizen..since she didn’t complete the required hours and months to acquire a permanent resident what will be the legal papers she needs to process so she won’t get in trouble regarding her status? thank you so much sir for looking into my question I really appreciated your blog to this site it helps a lot to learn from you guys. My sincerest thanks sir.

        • Vahe Mirzoyan

          Hello Nerissa. Thank you for your kind words. We try our best to make sure that blog is helpful and informative. If your friend is living with her fiancee, we can start the sponsorship immediately under a common-law relationship. If that is not the case, we would need to extended her status with a visitor visa. I am going to suggest that your friend contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for her so that she stays in status until she gets married. You can book an appointment by calling us at 1-855-886-8472 or online at
          Regards, Vahe

  • kavindra

    hi sir my employer got negetive reslut for lmia due to low wage in contract n last month service canada ask for new contract letter with minimum wage whic has been send to them so what could we do now should we appeal n how long the process will take to get poistive lmia thank u

    • Vahe Mirzoyan

      Hello Kavindra. If you have already submitted the new contract letter with the changes to the salary, then you will have to wait 8 -12 weeks. If you want us to intervene on your behalf, and communicate directly with the IRCC on your behalf, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  • june angel


    My employer (ER) did the necessary requirements needed for the LMIa application – 3+months advertisement on 3 job sites. Last October 2015, ER submitted LMiA application to support my PR visa and had to wait for another 3 mos. before getting a call from ESDC. There were several documents requested and each were provided readily by my ER until ESDC requested proofs of the advertisements. ER readily gave proofs of postings but ESdC was looking for a specific dashboard type of report from the job listings. ER was able to get from the 2 but one job listing took a long time to get back. The ESdC officer handling the case assessed the file as they couln’t wait for the other job listing proof which they only gave my employer 2 days to acquire tho ER provided emAil correspondences of such job site.
    My question: is there a way to appeal this with ESDC? If so, how long will it process? If my ER needs to appeal, will we still need to wait for another 3+ mos? And how will this affect my application with regards to the program’s rationale?


    • Vahe Mirzoyan

      Thank you for writing to us June. Waiting can be very frustrating and even more so when it seems that immigration technicalities are stopping the progress in it’s tracks. We have seen cases like yours many time. Although the immigration process seems easy and straightforward, when you are taking care of it yourself you run the risk of missing some key documents. The simple and most effective way for you to get everything back on track is to seek the help of a profession immigration law firm. They will be able to cut through the tape, and provide the documents and explanations that will save you a lot of time. Our firm has been practicing immigration law for over 18 years and we are considered to be one of the industry leaders.
      If you would like to have us help untangle this situation, please go to to make an appointment to talk with an immigration professional.

  • Jonathan Palomar

    I have a friend that his work permit was expired already last month.
    Until now his waiting for the company that his applying for and could provide the new LMO.
    My question now, is it required for him to file for extention or restoration? Even if their is no
    assurance that the company will provide an LMO.
    Hope you can give advice to my friends situation.

    • Vahe Mirzoyan

      Hello Jonathan. You would need to do a restoration. After the work permit expiry you have 90 days to apply for a restoration of status. One of our immigration professionals will be in contact with you shortly to see how we can help you with your problem.

  • DEJ

    I’ve got 2 questions.

    Am I allowed to work at home (online work) without work permit

    Am I allowed to work at home ( in home country The Netherlands) for a Canadian employer.

    • Mira Freiwat

      Hello Dej,

      Thank you for your post. If you are in your home country, then you do not require any kind of Visa to work for a Foreign employer. MF

  • If my company received a negative LMIA for an application, is there a negative impact on the candidates ability to apply for a work permit?

    How long before we can re-apply?

  • Ulf LJ

    Hello. I´m on my way to Canada working on a ranch and my employer is working on the LMIA (LMO) and we have been waiting for two months now. My papers have not been returned for more information or been denied so far. I wounder if its possible to find out if i have to wait for months more or if its on its way. My girlfriend is already in Canada on a Holiday VISA for a year. So i want to go now.

    • owen

      Hello Ulf,

      Thank you for the question. We can definitely assist you in speeding up this process, but we will need some more details about your personal circumstances first. In order to further assist you, please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly


  • Hi! I just applied again (2nd time) for a work Visa and it was refused this time because of the reason of: “Your name does not appear on the labour market opinion for this position”.
    The first time it was by the reason of: “You do not meet the requirements of the job offer”
    My questions are:
    1.- How can Canadian government could tell that I do not meet the requirements of the Job. The People who wants me to work for them there in Canada sent me a contract. If I would not meet the requirements my employer would not hire me, right?
    2.- About this time: How can Canadian government could refuse my application by the reason of: Your name does not appear if they issue an LMO without my name? If they know you could have troubles with work Visa applications, how can they issue an LMO like that?

    Thank you!

    • owen

      Hello Javier,

      Thank you for the question. I am sorry to hear that your Work Permit application was refused. There are very specific requirements that must be met in order to obtain a Work Permit, and the immigration officers appeared to have made a determination that there was no LMO corresponding to you/your new job. There could be a number of reasons for this occurrence, and we would be happy to help you obtain a Work Permit, as we have done for thousands of other people over the years. There may in fact be a variety of immigration options available to you, but in order to further assist you, we would ask that you please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly


  • Alif

    Hi sir,

    I got my lmo last week,but it’s clubbed,2 persons. it possible I can apply for work permit alone. ?
    Or we need to apply together. .?

    • Hello Alif,

      Thank you for your recent post.

      Based on the information you have provided us, yes, you are able to apply for a WP alone.

      Yours Truly,




    I am a live in caregiver applicant from the Philippines. I already got an employer from Ontario Canada and they have also applied for my LMo just last week of January 2014. Last April they told me they were interviewed by the Service Canada and were asked to submit additional requirements just like additional job descriptions to the posting . so may 15th they have completed all the additional requirements including the posting. What do you think is happening now? My employer said it goes well just slow. How long is the processing would be take? Thank you.

    • Sarah Jane MacDonald

      Hello Vivian,
      At this time, Citizenship & Immigration Canada is listing the processing time for the Federal Live-in Caregiver Program at 38 months. This is just an estimate as each case is different. If you have any further questions feel free to contact us.

      All the best,
      Sarah Jane

  • Gegerma Y. Montero

    Hi sir, my employer processed my LMO application last week of November 2013. Then this June got the response from your office that the application was denied/refused. Any possibilities that they can apply it again?

    Thank you hope to get some response as my employer told me that they are cleared to hire a foreign worker.

  • Amy

    My employer applied for my lmo 2 months ago but still i didnt heard anything from service canada. My wp already expired on 18th april 2014 nd i hv implied status now. So if my lmo gets rejected wat options do i have to legally stay in canada.
    1) take studies again
    2) apply visitor visa
    3) go for a marriage

    M so worried plz reply thanks.

    • Sarah Jane MacDonald

      Hello Amy,

      I can understand your concern. Please take a moment to fill out our online assessment form and one of our skilled immigration professionals will be happy to offer you a consultation to discuss your options.

      Sarah Jane

  • Rachel Ann

    HI Sir! Good day! May I know if the lmo was denied on 1st try, how many times the employer can re-appeal? The employer now submitted on 3rd time and no response yet, in this case thus it sound a negative result?

    • Sarah Jane MacDonald

      Hi Rachel,

      This is a tough question to answer without understanding the full picture. Although LMO appeals are not at all uncommon, I feel I’d need a better understanding of your case to provide any constructive feedback. If you’d like further guidance, we’d be happy to provide you with a consultation to discuss your situation in greater detail.

      Best Regards.

  • GS

    Hi Sir,
    I got a job offer from a Canadian company after I applied through and got through all the rounds including the interview.

    After that my employer applied for LMO in Februrary 2014. However the LMO was refused although according to the company, they are well established and eligible to hire a foreign worker. They still want to hire me but they don’t know what else they can do. Kindly let me know if you can help them re-apply or apply for a reconsideration.

    Thanks and Regards.

    • Hello GS

      Your company can apply for reconsideration or submit a new application. Did they have legal counsel to assist with the LMO process? Or did they do it on their own. It is hard to comment in this case as we do not know the details as to how the LMO was prepared. These days you have to make a strong case to Service Canada to get approved.

  • rvelasco

    Hi Sir my employer said that they are going to process my LMO since December last year.But until now I have’nt heard anything from them about my LMO application.And I just heard recently that they suspended the LMO process for food services.Does my LMO has been rejected or not process?Is there a way to find out about it?Thanks and hope to hear from you sir.

  • Lovy

    Hello sir…..

    I have completed 16 months diploma in Hospitality management In canada. Now i am working as a food service supervisor from last 10 months and i have permanent job offer from my employer.
    My post graduation work permit will expire in june 2014. my employer wants to support me ,so he send a LMO application on 1 april 2014 …..but now i hear they suspend all the application under food sector. Its very difficult situation for me…dont know what to do?

    1) whats the options for me now?

    2) what will happen with my Lmo application ?

    • Hello Lovy

      We are not sure what will happen to pending applications after the announcement of suspension. If your employment is NOT in fast food, you may be fine. In terms of your options, it depends on your credentials and prospective employment. There are other ways to proceed


  • Hallie


    I might add that only one of the two minimally qualified applicants was actually a boat builder.

  • Hallie

    Hi Michael –

    My prospective employer recently applied for an LMO, and was denied on the basis that he “could just train a Canadian”. I find this to be a HUGELY unsatisfactory answer, provided that he had extensive attempts to find Canadians for the job (three different website postings up for about four months, all included in the paperwork), including charts for how he conducted his interviewing process, and a master chart for all the candidates and how they compared. When the immigration rep. called him, and asked him if there were any Canadian candidates as qualified as I, he replied “Yes. There were two. One of which could/would not move to the GTA area or commute (where his business is located), and the other one received another job offer and took it.”. We are Cedar and Canvas boat builders, under NOC B: 524 (I believe that is the correct number, but memory might fail me). When told he could train a Canadian, he replied that it is a horrendous waste of time and money on his part to have to train on the job. He was asked about his apprenticeship where he learned on the job, and he replied honestly by saying that he had to PAY a large amount of money, equal to going to a trade school for his apprenticeship. He is not a TEACHER! He is a small business owner looking for QUALIFIED employees. Why should his business/trade be taken for granted or undervalued more than others? The canoe is Canada’s most recognized icon, and extremely important to cultural heritage. The justification for the denial of his LMO application I think is poor, and somewhat hypocritical of the idea of having this service in the first place. I understand that the application process itself is not guaranteed, or fool proof. But given this information, I think that it is pretty clear that there is an employee shortage, and my employment would have no negative impact on the Canadian Labour Market. In fact, my presence in his business, would allow his business to grow and bring in more revenue… possibly training Canadians (he also spoke about this in his paperwork, with support). All of this is contingent upon having an employee that is already trained and knowledgeable, so that his business can thrive should he choose to take the time out to train etc. I volunteered with him while working a waitressing job in Ontario through an open program called SWAP for a year. During this time he recruited for Canadians finding none who even knew the front from back of what we manufacture, and in the meantime was able to see the benefits of being able to put out as much business as you are bringing in, in an efficient and timely manner. Perhaps the government fails to recognize that this is a niche and meticulous trade. Not an assembly line job, with little thought, skill, or previous knowledge of nautical vessels, how they move, and how to put them together.
    He was very thorough when it came time to submit paperwork, including working with a consultant. Please explain to me why this might have been denied, going off of the reasons we were given!


    • Sarah Jane MacDonald

      Thank you for sharing this with us. That is a very frustrating situation for you and your employer. It is difficult to speculate what factors went into the refusal of the LMO application. If you (or your employer) would like some assistance in reviewing the LMO application and determining what went wrong and looking for possible solutions, please email us at or go here and fill out our online assessment form. One of our consultants will review your case and contact you directly.

      Best of luck,
      Sarah Jane

  • Kent

    Hi, I’m currently in my last year of high school doing full-day co-op in Ontario. I saw an ad on the national job bank, hiring a tool and die maker first-year apprentice with 7 months to a year work experience(which I’m qualified), so I applied and I was told to be hired but there’s an obstacle. It is a positive LMO. The reason that employer is hiring because two of the men working there are getting retire soon, so he needs to hire and train people to fill in the two positions in the next 2-3 years. I wonder what would help getting a positive LMO in this situation and does the employer has to keep track of all the applicants who applied but not qualified for the job? P/s: This is the traditional apprenticeship program where the apprentices learn 80% on the job and 20% in school and I also have a co-op work permit that expire in June 20, 2014. You are awesome for answering people in such short amount of time. Thank you!

    • Hello Kent
      Getting an LMO in your case will be difficult. First of all you need a job offer from an employer willing to apply for an LMO for you to Service Canada. Also LMOs are for employers who can’t find local workers to do the job in Canada. Your skills have to be unique and not available in the local job market.
      If you find a job offer and a willing employer let us know
      Good luck

  • ERBI

    Hello from athens,
    The papers submitted in response to Ottawa
    I sincerely appreciate a PROFESSIONAL OPINION FROM YOU
    We are so frustrated and do not know if they can feed HOPES AGAIN.
    Best Regards,

    • Hello Erbi

      I am sorry that you were refused your LMO. We would have to see how your employer in Canada prepared the LMO application. LMO applications are not easy and must be prepared properly. If another application is made but not prepared correctly, you will likely get another refusal. I can’t say if you have a chance to get a positive LMO. I would suggest that you have a professional represent you.
      Michael Niren

  • blue

    Hello my employer applied for a lmo at the start of this month and I know they sent a job contract with the form stating job duties and title of job. But I’m not sure if she sent advertizement of the job with the lmo do i need to contact them to still have them give that back. because the job has a high turn over rate.

    • Hello Blue
      Thank you for your question.
      It is important that your employer send ALL the required documents and information to Service Canada for your LMO application. If you wish we can take a look at your application or you can have your employer contact us. Best Michael Niren

  • Tracy

    Hi sir. My employer sent out the lmo about 2 weeks ago and didnt recognize something incorrect in lmo application. I think it comes from my name order. For example, my name is Trinh Thu Nguyen that Trinh is my first name, Thu is middle name and Nguyen is my last name. in the lmo, they mentioned about they hired me, Nguyen Thu Trinh (my vietnamese name order- incorrect in english but correct in vietnamese) and I am working as marketing consultant. however, on my resume that we include in application, is Trinh Thu Nguyen, and my cover letter for lmo is Thu Trinh Nguyen because my lawyer said that using Thu Trinh Nguyen is better. in my passport is Nguyen, Thu Trinh that there is a comma between last name and given name that make a difference. Because lots of officer confused about my name so i have to go to service of canada and correct all of my info since the day i came here to study then work. does it influence to my lmo and work permit?

    • Hello Tracy

      Name confusions are common with these types of applications. Usually Service Canada goes by what is on the passport. Your employer may want to fax them however with the correct information to clarify before a final LMO decision is made

  • Shoaib

    Hi sir I want to know that I have job offer from an employer in Canada he also send my application to hrsdc Service Canada. So I want know how long I can get my confirmation letter? Or positive lmo? Thanks

    • Hello Shoaib

      Usually Service Canada will get back to your employer within one month but it depends what Service Canada office your employer applied to.
      Good Luck

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