July 2013 eBlast

23 August 2013

Good morning, I hope you had a great weekend and those of you in Canada, a great long-weekend!  Although it is summer, Canadian Immigration policies have definitely not taken a rest. We want to ensure you are aware of even further immigration changes that may impact applications you currently are preparing to submit and those you are thinking of proceeding with shortly.

We are sending this Immigration Blast to share important information about the Labour Market Opinion (LMO) process that will affect all LMO applications immediately, effective July 31, 2013.

As of July 31, 2013, Employment and Social Development Canada has announced very important changes to the LMO application process.  All immigration clients should be aware of the following changes that may affect LMO applications that have recently and already have been submitted toService Canada.  It is important to note that some of these changes cannot be verified yet and so we must err on the side of caution, especially as regards to paying the fee, advertising for 4 weeks minimum, and using the correct new Form EMP 5517.

The main points to be aware of are as follows:

  • Fee for Labour Market Opinion processing - Employers applying to hire TFWs must pay aprocessing fee of $275 for each position requested to cover the cost of a LMO, for example if you are requesting 10 software designers in an LMO application the government processing fee will be $2,750.  As these changes have a significant monetary impact on all employers with pending LMO applications, we strongly suggest that you notify your LMO candidates of these changes.  The employers must pay this $275 fee. They cannot ask their LMO candidates to pay the fee.
  • Advertising period - Employers must advertise available positions in Canada for at least 4 weeks before applying for an LMO.  This requirement applies to all advertising methods, however, with respect to advertising, the new advertising requirements will be effective for LMO applications submitted starting August 28 th. To be safe:  if an employer is currently advertising for a position that they intend to obtain a LMO for in order to fill that position, the employer must immediately reactivate all recruitment processes to show an ongoing recruitment effort and must advertise for at least 4 weeks prior to submitting the application.  Employers must also continue to actively seek qualified Canadians to fill the advertised positions until an LMO has been issued.  If you used a 3rd party recruiter, you must contact the recruiter immediately to keep looking until the LMO is issued for the position you are attempting to fill.
  • Additional methods of recruitment - In addition to advertising on the Service Canada National Job Bank website or the equivalent provincial/territorial websites, employers must prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation. 
  1. If hiring for a higher-skilled occupation - one of the methods must be national in scope;
  2. If hiring for a lower-skilled occupation - employers must demonstrate that they made efforts to target under-represented groups in the labour force.

All LMO applications sent July 31, 2013 onwards must include the new FormEMP 5517 and fee.

See this link for more information:http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/changes.shtml

FROM ALL OF US AT ACKAH BUSINESS IMMIGRATION LAW, we hope that you have found this immigration blast both helpful and informative.  Please let us know how we may be of assistance and how you can leverage our immigration expertise in helping meet your business needs.

*Please note that this immigration blast has been created for informational purposes only and cannot be relied upon as legal advice.


Contact us:

Email:
   contact@ackahlaw.com

Phone:
   Calgary: (403) 452‑9515
   Vancouver: (604) 985‑9512
   Toronto: (416) 643‑7177

   North America: 1 (800) 932‑1190


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