A Canadian Employer who wishes to hire a foreign worker can support their application for permanent resident through the Federal Skilled Worker Program or the Federal Skilled Trades Program respectively. Though the qualifications for these two categories are separate and unique, when it comes to Arranged Employment, the principle remains the same in terms of a valid job offer. The offer must be permanent and full time (non-seasonal) work. This work also needs to qualify as per the requirements of the application and the National Occupational Classification (NOC).
Employers should note that most job offers need to be supported by a Labour Market Opinion (LMO). An LMO is an assessment of the position being offered conducted by Human Resources and Skills Development Canada. During an assessment, several factors are verified:
- The genuineness of the job offer
- That there is a need in the Canadian labour market for the type of work
- The Employer has made sufficient efforts to try and fill the position by a readily available Canadian
If the employer receives a valid Labour Market Opinion, this can be used in support of a foreign worker’s application for permanent residence through the Federal Skilled Worker and Federal Skilled Trades programs respectively.
This allows:
- An employer to meet their immediate labour needs by making a job offer to a foreign national when no other Canadians are readily available to fill the position; and
- Foreign nationals to immediately take up temporary employment in Canada while their application for permanent residence is being processed or assessed by Citizenship and Immigration Canada. The same Labour Market Opinion previously obtained can be used to also support an application for a work permit.
The Process
1. A qualifying job offer is made through an employment offer letter indicating that, upon receiving permanent resident status, the foreign worker would be employed on a full-time, non-seasonal basis. For the Federal Skilled Worker program this offer must come from one employer, for the Federal Skilled Trades Program, two offers may be combined to meet the full time, non-seasonal requirement.
2. When recruiting foreign workers nor in Canada, a positive Labour Market Opinion must first be obtained. This, along with a valid job offer should be submitted
3. If you are recruiting someone currently working in Canada, most foreign workers have already obtained an LMO and are working for the employer already listed on the LMO. If you are offering a job to a foreign worker not currently in your employ and thus does not have an LMO listing you as the employer, than a new LMO is required.
4. Those foreign workers who are considered to be LMO exempt, like someone working in Canada under a federal or international agreement can apply directly to Citizenship and Immigration Canada without the need of an LMO. They should provide a copy of their work permit which will indicate this exemption.