Employers who would like to offer a permanent job to a foreign worker wanting to immigrate to Canada can do this with an offer of arranged employment under the Federal Skilled Worker Program. Citizenship and Immigration Canada places priority on new Federal Skilled Worker applications with a qualifying job offer.

• Processing times: Most cases are finalized within 11 months.
• Employers need to:
  • Provide a qualifying job offer.
  • If recruiting from overseas, obtain an Arranged Employment Opinion.
• Most foreign workers can be recruited as Temporary Foreign Workers while their application for permanent residence is being processed.
• There is no requirement for the employer to first offer the position to a Canadian or a permanent resident.

A qualifying job offer must:

• be permanent, non-seasonal and full-time;
• be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list; and
• have wages and working conditions comparable to those offered to Canadians working in the occupation.

Arranged Employment: Abroad

If recruiting from overseas, employers must submit an application to Human Resources and Skills Development Canada for an Arranged Employment Opinion. The employment must be permanent, full-time, and wages and working conditions offered for the job must be comparable to those offered to Canadians working in the occupation. Human Resources and Skills Development Canada will assess the genuineness of the employment offer. If valid, Human Resources and Skills Development Canada provides the employer with an Arranged Employment Opinion letter of confirmation. The employer would then provide this, along with a job offer letter, to the foreign worker to include in his immigration application.

Arranged Employment: Inland

With some exceptions, for example, when the job offer is issued by a different employer than on the temporary foreign worker’s existing work permit, most temporary foreign workers who are already in Canada can submit their Federal Skilled Worker application with a valid job offer directly to Citizenship and Immigration Canada for consideration. In such cases, a separate application does not need to be made to Human Resources and Skills Development Canada for an Arranged Employment Opinion.

Change to Offers for Arranged Employment

On December 19, 2012, the Government of Canada published regulations that will change the way Human Resources and Skills Development Canada (HRSDC) processes offers of arranged employment for the Federal Skilled Worker Program (FSWP).

Currently, employers seek an Arranged Employment Opinion (AEO) from HRSDC when they wish to hire a foreign national on a permanent, full-time basis and support their employee’s application for permanent residence through the FSWP.

Starting on May 4, 2013, most offers of arranged employment will require a Labour Market Opinion (LMO) from HRSDC in support of an FSWP application instead of an AEO.

LMOs are currently used in the Temporary Foreign Worker Program, as employers often must apply for authorization from HRSDC before hiring temporary foreign workers. LMOs assess whether there are Canadians or permanent residents available to do the job. This will not change. Employers will be able to use a single application for an LMO, whether it is being used to support the issuance of a Temporary Work Permit or a permanent resident visa.

AEO letters provided by HRSDC to employers under existing regulations will no longer be accepted by CIC if the FSWP application is received on or after May 4, 2013.

For further information with respect to your Canadian immigration, we invite you to contact our experienced immigration representatives.