Subject to many exceptions, an individual applying for a work permit must have his/her potential employer obtain a Labour Market Opinion. Such an opinion determines whether the issuance of a work permit to the foreign worker would have either a neutral or positive effect on Canada’s economy. In determining whether to issue a positive Labour Market Opinion, Human Resources and Skills Development Canada will consider numerous factors, including:
- Verification of the employment offer;
- Recruitment efforts;
- Union consultation;
- Job creation;
- Transfer of skills;
- Labour shortages; and
- Wages and working conditions.
We can, and do help, individuals obtain positive labour market opinions. Our preference, however, is to work towards ensuring that there is no need for a labour market opinion. This includes determining whether it is possible to obtain an exemption, having the employer registered for a pre-approval blanket LMO, and turning the application for temporary residence into a permanent one.
A labour market opinion is generally the biggest hurdle for a temporary worker. As such, it is important that your potential employer ensure that they are as comprehensive as possible in their application.