Hiring Temporary Foreign Workers:-

Labour Market Opinion Basics

Hiring Temporary Foreign Workers

The Temporary Foreign Worker (TFW) Program is operated by two departments of the Government of Canada, Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC).

To hire a temporary foreign worker, you must obtain a Labour Market Opinion (LMO) confirmation from HRSDC. An LMO is issued once HRSDC has assessed that the hiring of a foreign worker will have a positive or neutral effect on the Canadian labour market. As an employer, you will need to demonstrate that you have a genuine need for a foreign worker and that you are unable to fill the position with a Canadian worker.

The following is an overview of how to hire temporary foreign workers:

Step One: Gather information

Determine the duties and skill level of the position
Positions offered to foreign workers must be classified at a specific skill level based on the National Occupational Classification (NOC). The NOC defines skill levels for all occupations in Canada. HRSDC uses the NOC to categorize the job according to the job duties expected of the foreign worker. For more information visit
www.hrsdc.gc.ca/noc

The NOC Matrix provides an overview of positions and their skill level. The skilled worker category (NOC categories 0, A & B) includes managerial, professional or technical occupations that generally require post-secondary training. The semi-skilled worker category (NOC categories C & D) includes jobs that require lower levels of formal education.

Determine if the position requires certification in jurisdictions within Canada
In Canada, some occupations are regulated and require that workers obtain certification or licensing. Examples of regulated occupations include accounting, medicine, nursing, teaching, trades, engineering, psychology and law.
To become licensed or certified, foreign workers must apply to the relevant regulatory body to have their qualifications and skills assessed and/or pass an examination. As an employer, you should ensure that the foreign worker is aware of this step and that they contact the regulatory body for more information. A foreign worker may be required to be assessed by the regulatory body before they can obtain their work permit.

Step Two: Obtain a Labour Market Opinion
An LMO confirmation outlines the position and conditions of employment that you are offering such as wage and hours of work. It does not give the foreign worker permission to work in Canada, but a copy of the LMO will be required for the foreign worker to obtain a work permit.

Applying for an LMO
You must submit an application for an LMO and supporting documents to HRSDC.
The LMO application form should include basic information about your business, position to which you are recruiting, wage, duration, detailed job description and qualifications required for the position, as well as the foreign worker’s details. Along with your LMO application form, you are required to submit proof of advertising to demonstrate that you have tried to employ a Canadian to fill the position.

If you do not have a foreign worker chosen for the position, you may still apply for an LMO. If approved, HRSDC will issue you a “pre-approval.” Once you recruit a foreign worker, you may submit the details of the foreign worker to HRSDC and the LMO will be issued to you.

Assessment of an LMO application
HRSDC will assess your LMO application and send you either a positive or negative LMO confirmation. The criteria used to assess the application includes, but is not limited to:

 whether the job offer is genuine
 whether the wages and working conditions are comparable to those offered to Canadians working in the same position
 if reasonable efforts were made to hire or train a Canadian for the position
 the impact of hiring on the Canadian labour market

A detailed description of the assessment criteria is available on the HRSDC website. For example, the website outlines the minimum advertisement requirements that you must demonstrate and submit to HRSDC. It is important to understand the criteria as they may impact the outcome of your LMO application.

Additional information on applying for an LMO, including the application process and forms can be found at
www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml

Additional requirements for hiring semi-skilled occupations

If you are hiring a foreign worker for a semi-skilled occupation (NOC skill level C & D), you must agree to additional requirements in order to obtain an LMO. Employers must pay for return transportation airfare; provide medical coverage until the foreign worker becomes eligible for provincial healthcare insurance; and help the foreign worker find reasonable and proper accommodation. These additional requirements must be agreed to in an employment contract and submitted to HRSDC before the LMO will be issued.

Positions that do not require an LMO

Most positions require the employer to apply for an LMO; however, some positions are LMO-exempt. This means the foreign worker does not require an LMO to obtain a work permit.

One category of LMO exemptions are foreign workers hired under international agreements. Hiring foreign workers under these agreements allows better mobility between Canada and other countries. For example, under the North American Free Trade Agreement (NAFTA), citizens of Mexico and the United States (U.S.) are LMO-exempt in certain professional occupations.

For a list of eligible occupations under NAFTA visit www.cic.gc.ca/english/work/special-business.asp

Another option may be to access a federally-run International Youth Program. Countries such as France, Germany, the United Kingdom, Sweden, U.S., Chile and others have signed agreements with Canada under the International Student and Young Worker Employment Program. These programs allow Canadian companies to hire foreign workers without an LMO approval. In most cases, these programs allow workers from 18 to 35 years of age to work in Canada. The majority of these programs are for 12 months, however the time period may vary for some countries and it is advisable to check the website for details.

For more information on the categories that do not require an LMO visit www.cic.gc.ca/english/work/apply-who-permit.asp

If you require assistance to determine whether a position requires an LMO, contact CIC’s Temporary Foreign Worker Unit (TFWU) at www.cic.gc.ca/english/work/employers/tfw-units.asp.

For more information on International Youth Programs visit www.international.gc.ca/iyp-pij

Step Three: The foreign worker obtains work permit
A work permit gives a foreign worker authorization to work in Canada. It is the responsibility of the foreign worker to apply for the work permit.

Once you obtain an LMO confirmation, you must provide a copy of the LMO and a written job offer to the foreign worker. These documents are required to apply for a work permit. If you are hiring a semi-skilled worker,you will also need to provide an employment contract outlining your additional obligations.

The foreign worker must submit an application for a work permit to CIC. Generally, applications must be submitted to a CIC visa office outside of Canada at a Canadian Embassy, High Commission or consulate. In some cases, a foreign worker may apply for a work permit at a port-of-entry upon arriving in Canada.

Foreign workers are responsible for proving they are qualified to meet the job requirements as well as meeting CIC’s requirements including medical, criminal and security checks. An immigration medical examination may be required before coming to Canada. The decision on whether a foreign worker is eligible for a work permit is made solely by CIC.

For more information on obtaining a work permit visit www.cic.gc.ca/work

For more information on immigration medical and criminal requirements visit
www.cic.gc.ca/english/information/medicalcriminal.asp