Operational Bulletin 576 – May 15, 2014
Permanent Labour Market Opinions replace Arranged Employment Opinions
Summary
On May 4, 2013, Citizenship and Immigration Canada (CIC) stopped accepting arranged employment opinions (AEO). Employers seeking to hire a foreign worker for a full-time, permanent position are required to apply for a labour market opinion (LMO). In addition to supporting a permanent resident (PR) application, the new ‘permanent duration' LMO may also be used as the basis for a work permit (WP) application.
Background
As per the amendments to the Immigration and Refugee Protection Regulations (IRPR), that came into force on May 4, 2013, employers seeking to hire a foreign worker for a full-time, permanent position are now required to apply for a labour market opinion (LMO) instead of an arranged employment opinion (AEO). If an employer receives a positive permanent duration LMO, it can be used to support the foreign nationals' application to CIC for a:
PR visa; and
a WP.
Prior to May 4, 2013, an AEO was not assessed against the labour market factors outlined in section 203 of the IRPR and, therefore, could not be used to support a WP application.
Processing Instructions
LMO Application – Duration Choice
An employer can now submit a request to Employment and Social Development Canada for a Labour Market Opinion for:
temporary duration to support a WP application only;
permanent duration to support a PR application; or
a combination of permanent and temporary duration to support both a PR and/or a WP permit applications.
Duration of WP where the duration of the LMO is ‘Indeterminate / Permanent'
Under the ‘Job Details' section in the HRSDC View Tab in GCMS – the ‘Duration' field will indicate a specific duration or ‘indeterminate / permanent'
WPs supported by a permanent duration LMO will be issued for a maximum period of two years, provided the foreign national meets the requirements set out in the LMO. This WP will not be extended regardless of whether the PR application is still in process.
