Accelerated LMOs Coming Soon to a Canada

 

ALMOs are a great thing.They are a fast-track version for applications for Labor Market Opinions.  Service Canada will now process Skilled Workers and some other Temporary Foreign Worker (TFW) applications on an accelated basis.  Canadian employers now don’t have to wait months and months to hire a TFW. Canada is getting the message that they have to be competitive in the global market place.

Highlights Regarding Accelerated LMOs in Canada

With ALMO’s, the government will “trust” Canadian employers upfront but will crack down hard on them after the fact: they must comply with the Attestations that they make up front and on compliance reviews later on.
With ALMO’s employers have the benefit of:
  • Online applications
  • TFW webservice
  • Registration up front get employers registration so can e-sign
  • Lawyers and third party can have access to it.
  • Web service information is taken seriously and employers are to be held responsible

Employer Compliance Reviews

  • The government will look at previous applications by employers (a 2 year look back) to ensure compliance.
  • Look at wages and conditions and skills of TFW
  • 30 days for employers to get Service Canada their documents they need

Prevailing Wage

Employers must offer a TFW the prevailing wage in their occupation. The benchmark is now medium wage not average wage. Plus there is some flexibility:

  • 15% high skilled wages and 5% low skilled. Employers can give information about their their offer to of wage and ask for some discretion (not applicable in Quebec)
  • Employers must conduct advertising consistent with posted wage

Advertising and Recruiting

Wages – Service Canada will look at best intention at wages at the time of posted wage and must advertise in good faith even if posted wages change.

An Immigration Lawyer’s Job in Regards to an ALMO Application to Canada

If employers are not in compliance later on, they will loose their privilege to use ALMO process and therefore  we, as lawyers, must make sure our clients know what attestations and compliance requirements are. Employers must read that information and it’s our job to make sure they are complaint and understand it.
We don’t want employers to fail their compliance review and so we should send a clear email to our clients on what they have to do to comply and make sure that they do so after the TFW is hired.
All in all, the ALMO is a great development in the law!

Do You Need Help With Your ALMO Application?

The VisaPlace Group of Lawyers (VPGs) and their staff are all independent, licensed practitioners who understand how important it is for to you to achieve your immigration goals and have been trained to follow best practices and procedures to maximize your chances of success! If you need help with your ALMO Application, we can help.
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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

30 thoughts on “Accelerated LMOs Coming Soon to a Canada

  1. dee

    Good day to you sir Michael,

    What do you think is the chances that canada will still continue on giving LMO in the food industry. I am presently working in Saudi as a cook and hoping that i may still apply to work there. Its a bad news for us working in the same field when we heard the news..i just hope its only temporary.

    Thank you and best regards.

    Dee

    Reply
    1. Sarah Jane MacDonald

      Hello Dee,
      The Minister has indicated that the suspension is temporary while the review is conducted. I am also hoping that the suspension is soon lifted. In the meantime, if you would like to explore your options please feel free to fill out our Free Online Assessment Form

      Sarah Jane

      Reply
  2. Khaterene

    Hello sir! Is it suspension if LMO will be forever? I’m really worried..

    Reply
    1. Michael Niren Post author

      Hello Khaterene

      I am worried as well! But I do not think the suspension will be forever and it is only presently in the Fast Food industry.
      Best
      Michael Niren

      Reply
  3. Stephanie

    I just have a quick question. I currently work with a franchise in Canada that employs many foreign workers. There has been some investigations taken against the employers. I know that as of today they have had their LMO’s suspended. Does that affect the foreign workers that are currently working with me ? ( most of them are still hoping to get their permanent residency as thier 2 years will be up shortly ). I am just wondering about the jobs of my foreign friends and also curious about the business? I’m worried about my job too.
    Thank you in advance

    Reply
    1. Michael Niren Post author

      Hey Stephanie

      Thank you for your question. Service Canada is investigating a lot of employers now who hire foreign workers for compliance. Depending on what the offices find, they could suspend any future LMO applications but usually if the employer, after the investigation, shows compliance, the current foreign workers would be able to continue work. The purpose of these investigations are supposed to be for the protection of foreign workers. Here is a video I did on the topic of employer Black List for non-compliance for LMOs
      Best
      Michael

      Reply
  4. thea

    Hi Michael,
    There is a situation when you want to move to a new employer with the same job. Would it be possible that employer B (your future New employer) can apply for an lmo for you while you are still working with employer A? And you will only be resigning from employer A when you are ready to apply for a new working permit with employer B?
    Thanks in Advance.

    Reply
    1. Michael Niren Post author

      Hello Thea
      Thanks for your question. The answer to your question is “yes”. You can apply for a new job and a new LMO while working for your current employer provided you are on valid status. Note that you will not be able to work for your new employer until that employer has an approved LMO and you have a work permit.
      Hope that helps!
      Michael

      Reply
  5. devundara

    hello! dear sir,if i have a job offer and LMO as a cook (chef) same time my daughter and wife can get the visas with me? thanks for the kind reply.

    Reply
    1. Michael Niren Post author

      Hello Devundara

      If you have a job offer and an LMO approved, you can apply for a work permit and include your dependents (your wife and your children 18 and under) in your application. Good luck! Michael

      Reply
  6. clement

    I heard that LMO with the technical needs are faster approved then with the general needs like hotel, agri etc… Is that true? A person applied for technical LMO ( Electrician) work got his LMO, but i am still waiting for my LMO ….. my consultant has applied LMO in a hotel indsutry…. so what would be the max duration by which HRDA will decide on the LMO process.? or will they reject the LMO, which is known as negative LMO?

    Reply
    1. Michael Niren Post author

      Hello Clement
      The processing times for LMOs can depend on what Service Canada centre you apply to. Also LMOs are generally for high skilled workers so the approval rates are higher for those. But it all depends on the case and the labor market for your industry and the employer’s needs.
      Best
      Michael

      Reply
  7. clement

    Hi this is clement from India. I have applied for LMO 9 months back but still i am waiting for it. Why such a delay? the consultant promised me that i will get my LMO with in 4-6 months max. He told me this month 24th will be final day. If there is further delay then can i assume as rejected or it will take more time ? Once you obtain LMO how long will it take to get work permit visa and other travel documents…?

    Reply
    1. Michael Niren Post author

      Hi Clement

      Your LMO is taking a long time indeed. Usually the LMO process is less than 4 months. Note that the Accelerated LMO process has been suspended which is a shame so it is taking longer for TFWs to get their visas.

      Best
      Michael

      Reply
  8. tayo

    Hi Michael,
    I’m sort of in a fix right now. My employer applied for an LMO last October and we are yet to receive a decision what do I do?
    Note I had a work permit which expired last year and I was asked to get an LMO to renew the permit. I did a 1 year internship with the previous work permit and recently got a new offer(my new employer)
    I’ve had to renew my visitor permit to allow me to stay in Canada till I finalize the LMO situation and that would soon expire as well. I can’t continue to apply for a visitor permit as this is taking way longer than I expected.
    Thanks

    Reply
    1. Michael Niren Post author

      Hello Tayo

      Yes LMOs are taking way longer these days. But in your case, the process should not be taking that long. With respect to your new offer, your employer will have to apply for a new LMO and once that is approved you will have to apply for a work permit.
      Agree that you can’t keep applying for visitor status in Canada forever. This is a hard situation and a lot of people are in it due to the delays for LMO processing. We can help you if you contact us
      Best
      Michael

      Reply
  9. singh

    I
    need lmo for work

    Reply
    1. Michael Niren Post author

      Hello Singh

      You need a job offer first
      Best
      Michael

      Reply
  10. Sanjana

    Hi,

    my husband is in saskatchewan on a tourist visa. he has already got a job offer as a cook. Can he apply for an accelerated LMO.

    Reply
    1. Michael Niren Post author

      Hello Sangana

      Thank you for the post. We would have to look into his case more carefully to see if your husband would be eligible for an ALMO.

      Best
      Michael

      Reply
  11. Clement Thomas

    i have two or more Canadian citizens who are willing to help me out to find a job and get my work permit… so arriving with the tourist visa ( 6 months)..and physically present in Canada… the entire process of getting a job and obtaining work permit is that possible with in 6 months. or once i get offer i can leave canada and apply for work permit from india and then come to canada with legal permit?

    Reply
    1. Michael Niren Post author

      Hello Clement

      Thank you for your question. It may be possible to get a Work Permit that quickly but there are no guarantees. You can stay in Canada during the process of your case typically if you are in valid status. But it depends on your case.
      Regards
      Michael

      Reply
  12. harpreet singh

    hello sir,
    i m from india and currently making my mind to move to canada by getting genuine Lmo and if possible with PR for canada,plz guide me sir how can i make my dream possible.

    Reply
    1. Michael Niren Post author

      Hello Harpreet

      You will first need a job offer in Canada in order to proceed with an LMO application. Do you have a job offer? Michael

      Reply
  13. Akshay

    I have a job offer with me, but I heard that LMO takes quite amount of time. Will I be eligible for Accelerated LMO even when my employer is doing LMO for the first time?

    Reply
    1. Michael Niren Post author

      Hello Akshay
      Thank you for your post. If you have a job offer that is great! You may indeed be eligible for an ALMO. We would have to do an assessment for you before we know for sure.
      Best
      Michael

      Reply
  14. JASS

    Hello sir , I ‘m from an India and I’m looking for a LMO to wok in Canada, But it is too hard to get LMO from India . There are so many agents those are deceiving people in that name of providing LMO etc. Please guide me that how can I obtain a valid LMO ? I have tried to sent my resume to some Canadian companies but I never got any feed back from them.I also have tried job bank .

    An early reply will be highly appreciated .

    Thanks..!

    Reply
    1. Michael Niren Post author

      Hello Jass

      Yes I know about this problem in India and in other countries. A lot of fraud going on. To find a job in Canada overseas is not easy. You can try legitimate websites like workopolis.com or monster.ca to find work. If you do get a job offer, then you can certainly contact us and we can help get you a work visa. Best of Luck!
      Michael

      Reply
  15. Mayur shah

    I m interested in work permit of Canada..! Please give me some more brief..!

    Thanx

    Reply
    1. Michael Niren Post author

      Hello you can apply for a work permit but you would need a job offer first. Do you have one?
      Michael

      Reply

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