Tips on Applying for a Labour Market Opinion (LMO)

Submitting a Labour Market Opinion is the first step toward hiring a temporary foreign worker. You will need to make recruitment efforts, locate a suitable candidate and satisfy the Temporary Foreign Worker Unit that you and you meet the criteria.

The foreign worker will be later assessed on their merits when applying for the work permit. As the employer, the onus is on you to first obtain the Labour Market Opinion. Labour Market Opinion applications are time sensitive and therefore require that you have a complete understanding of your requirements as an employer in order to maximize your chances for success.

Many of our clients have come to us after first receiving a negative opinion of their own attempts. If you receive a negative opinion the first time, we can certainly assist you, of course. However, it will be that much more difficult the second time around. An officer making a decision on the matter will wonder what really has changed since the first opinion and why a second one should be approved.

Consider seeking the guidance of a legal representative before you attempt this application on your own. These applications usually come with their own business timelines, especially when it comes to hiring staff for an intended project or immediate business need.

Akrami & Associates will guide you every step of the way with this. Contact us for more details.

If you intend to submit your application without the support of a representative, there are a couple of factors you should keep in mind.

Employer Compliance

Employers that hire Temporary Foreign Workers are expected to be compliant with the Temporary Foreign Worker Program. This means that as an employer, you are expected to uphold the terms and conditions of employment set out in the Labour Market Opinion confirmation letter and annex, which typically include:

• wages (including deductions);
• working conditions (hours of work, overtime, and workplace safety insurance); and
• identified occupation (job duties and skill level).

Changes to the Program

Once the Labour Market Opinion is approved, any changes to the position, duties, wages etc., that are outlined in the Labour Market Opinion confirmation letter and annex could result in the employer being found non-compliant. To avoid this, employers should seek assistance when considering any changes and note that:

• Temporary Foreign Workers hired on a full-time basis are expected to work substantially the same number of hours per week and receive substantially the same wage as indicated in the LMO confirmation letter and annex.
• Temporary Foreign Workers employed in one location cannot work in another location without the employer applying for and receiving a new confirmed LMO and the workers receiving a new work permit from CIC.
• Temporary Foreign Workers are expected to spend the majority of their time performing job duties that are consistent with the occupation specified in the LMO confirmation letter and annex.

 We can Help You!

We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.