The following two categories of applicants do not require a Labour Market Opinion to benefit from Arranged Employment:
- Applicants who are currently working in Canada on a temporary work permit in a skilled occupation, where the work permit was originally issued based on a positive Labour Market Opinion.
- Applicants who are currently working in Canada on a Temporary Work Permit in a skilled occupation, where the work permit was originally issued without an LMO under the provisions of an international agreement.
In both these circumstances, the following conditions must be met for the applicant to benefit from Arranged Employment:
- The Canadian employer must extend a permanent full-time job offer to the applicant for the same position specified on the work permit, and the job offer must be for an indeterminate length of time conditional upon the applicant becoming a permanent resident;
- The applicant’s work permit must be valid at the time the Federal Skilled Worker application is submitted; and
- The applicant must have a valid work permit for the same employer in the same position until the Permanent Resident Visa is issued.
Those who Do Require an LMO
As a general rule, if you have a job offer from a Canadian employerbut do not have a valid Temporary Work Permit and are not authorized to work in Canada must have the Canadian employer obtain a Labour Market Opinion prior to submitting your federal skilled worker application in order to benefit from Arranged Employment. In some cases, even if you are currently working in Canada, you are still required to have your employers obtain a Labour Market Opinion to benefit from Arranged Employment. This includes the following types of applicants:
- If you have a job offer from a Canadian employer that is different from the employer indicated on your work permits;
- If you have work permits that were issued without an LMO due to exemptions
- If you have open work permits
- Or you are authorized to work in Canada without a work permit, such as business visitors.
An interesting aspect of the Arranged Employment regulations is that a Labour Market Opinion obtained from Service Canada entitles you to a Temporary Work Permit immediately. Thus, the applicant may be able to come to Canada as a temporary foreign worker immediately while their permanent residence application is still being processed.