Is My LMO Legal?
Obtaining an LMO
An LMO (Labour Market Opinion) may be a legal necessity for employers who want to hire foreign workers. It essentially proves that there are no qualified Canadian applicants nearby, and allows you to hire foreign workers instead. Not all jobs that hire foreign workers require an LMO, but many do.
The LMO is the employer’s responsibility: They first must obtain a positive LMO and then give a copy of it to the foreign worker so that they can use it in applying for their work permit.
There are many legal requirements for a successful LMO. They include:
1. That the employer is offering the prevailing wage under acceptable working conditions and that a foreign worker will benefit the Canadian labour market.
2. The job has been advertised in Canada and the advertisement included the job duties, wage range, work location and the nature of the position.
3. The job duties are explained comprehensively and thoroughly.
4. Some, but not all occupations require that there are at least two job advertisements for a total of 14 days.
5. You will need to explain why prospective Canadian candidates, if any, did not suit your organization.
In short, employers must be able to prove that they put forth a decent effort to hire Canadians for their position – advertising in many places where qualified candidates are likely to look is a good start, as well as effectively describing the job and salary in the first place.
LMO Quick tip:
To make is easier for Citizenship and Immigration Canada to determine if a foreign worker is well suited to the job, ensure your job posting uses the same key words that the NOC (National Occupational Classification) uses to describe it.
LMOs are an extremely important part of doing business in Canada using foreign workers. In order to ensure the process goes smoothly, contact us for help with your LMO application or Canadian work visa needs.
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
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