A Canadian employer who wants to hire a foreign national can support their application for permanent residence in the Federal Skilled Worker Program (FSWP) or the Federal Skilled Trades Program (FSTP). Although the requirements for each program are different, the principle remains the same: the job offer has to be for full-time (non-seasonal) work in Canada and in certain types of professions as listed in the 2011 National Occupational Classification. In most cases, the employer has to apply for a Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC). While the offer of employment can be a benefit to applicants, they must still meet all of the FSWP or FSTP requirements in order to be granted permanent residence.
Advantages to Employers
Most job offers must be supported by an LMO, which verifies several factors including:
- the genuineness of the job offer;
- that there is a need in the Canadian labour market for the type of worker; and
- that the employer has tried to hire a Canadian or permanent resident first.
If an employer receives a positive LMO, it can be used to support the foreign national’s application for a permanent resident visa, and/or a temporary work permit.
This process allows:
- employers to meet their immediate labour needs by making a job offer to a foreign national if there are no Canadian citizens or permanent residents available to fill the job; and
- foreign nationals to immediately take up temporary employment in Canada while their application for permanent residence is being assessed by CIC. They can use the same LMO from ESDC to support both their work permit and permanent residence applications if they stay with the same employer.
How It Works
A qualifying job offer is made through a letter from the employer indicating that upon receiving permanent resident status, the applicant would be employed on a full-time, non-seasonal basis.
- In the FSWP, the offer must be for a permanent position with a single employer.
- In the FSTP, the offer can be made by up to two employers, as long as it is for at least one year of continuous full-time employment in a qualifying skilled trade.
If recruiting an applicant who does not have a work permit or who is not authorized to work in Canada:
Employers must first submit an LMO application to ESDC. ESDC reviews the employer’s application and, if it qualifies, provides the employer with a neutral or positive LMO document. The employer would then provide this, along with a job offer (letter), to the foreign worker for inclusion in their immigration application. The LMO has a validity period and must be received by CIC, along with the FSWP or FSTP required documents, before it expires. For more information on the LMO application process, please contact ESDC.
If recruiting someone already working in Canada:
Existing LMO or acceptable LMO exemptions: Most temporary foreign workers who are already in Canada and are working for the employer listed on their work permit (who previously got an LMO to hire them) can submit their FSW application directly to CIC. In such cases, there is no need for a new LMO; the person just needs to include the official job offer with their application. Someone who is working in Canada on a work permit that is LMO-exempt under an international or federal-provincial agreement can also apply directly to CIC.
Cases where a new LMO is required: If a temporary foreign worker is offered a job by an employer not listed on their current work permit (i.e. who did not obtain an LMO to hire them), OR if the worker is on an LMO-exempt work permit that does not fall under an international or federal-provincial agreement, then a new LMO is required to support the application to CIC.
Date Modified: 2014-07-02Sources: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp