Background
Not all labour market opinions (LMOs) issued by Human Resources and Skills Development Canada (HRSDC) have a date by which they must be used to apply for a work permit (WP). In order to ensure that LMOs represent an accurate assessment of current labour market conditions and to provide a sound basis for the evaluation of WP applications, HRSDC will no longer be issuing LMOs without expiry dates.
Current status
As of May 19, 2009 HRSDC has established a maximum period of six months during which an LMO may be used to apply for a WP. This six month period is defined by the LMO expiry date.
General guidelines
The LMO expiry date is the date by which a WP application must be received by Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA). If an application is received after the LMO expiry date, it is deemed to have expired and can no longer be used to support a WP application. These applications will be returned as incomplete.
Information now included in the LMO
The LMO expiry date is indicated in the Annex to the LMO under “Opinion Expiry Date”.
In FOSS, CAIPS and CPC systems, the LMO expiry date will be recorded in the “Offer Valid From and To” field and is for a maximum period of six months. The date indicated in the “Offer Valid To” field is the date by which the worker must use the LMO in order to apply for a WP.
Note: These instructions supersede Section 6 of FW 1. Specifically, the “Offer Valid To” date (LMO expiry date), will no longer be extended. Applicants initiating a WP application at a port of entry are required to have a valid LMO expiry date. CBSA will finalize applications that have already been initiated overseas even if the LMO expiry date has past: the missions will have ensured that the LMO expiry date was still valid at the time of the initial application receipt.
The LMO expiry date should not be confused with the LMO duration of employment or the WP expiry period (which may be longer in duration depending on the employment situation). The LMO expiry date determines if the LMO is valid at the time the WP application is submitted, whereas the work duration in the LMO is the timeframe of work that the employer has requested and to which HRSDC has agreed. The duration of the WP is still at the discretion of CIC /CBSA .
In the event that an expired LMO is received in support of a WP, it will be treated as an incomplete application and the application will be returned. In the case of expired LMOs, employers will be required to apply for a new LMO if they still wish to hire a temporary foreign worker (TFW). HRSDC is no longer granting LMO extensions, so a new LMO application will be required in every case.
Additional notes
In certain cases where an employer has specific timelines for a short employment opportunity, HRSDC/Service Canada may issue LMO confirmations that expire in less than 6 months.
The LMO expiry date does not affect the processing time needed by CIC after the LMO is submitted with a WP application. The WP may be issued after the LMO expiry date, as long as the application was received before the expiry date.
Additional details for overseas procedures
WP applications received with an expired LMO should be treated as incomplete applications and returned to the applicant.
Missions working with and without Visa Application Centers should develop a process that will allow them to identify TFW applications received with an expired LMO. If the application is intercepted before a file is created it can be returned as an incomplete application as per section 10 of the Immigration and Refugee Protection Regulations. TFW files created with an expired LMO will also be considered incomplete and will be returned to the applicant with a refund of fees paid. Old procedures outlined in RIM 07-010 will not apply in this case. HRSDC will no longer extend an expired LMO.
Exception
LMO expiry dates of six months will apply except in the processing of live-in caregiver applications in Quebec. In Quebec, applicants first apply for an LMO and then, upon receipt of the LMO and before applying for a WP, must apply for the certificat d’acceptation du Québec (CAQ). Due to the timelines associated with the CAQ, these LMOs will always be valid for 3 months following the issuance of the CAQ, regardless of the LMO expiry date. Service Canada will indicate in Canada Immigration Center notes (FOSS and CAIPS), that “the LMO is valid for three months after the CAQ is issued”. Officers can refer to the date the CAQ was issued to determine if the request for a WP was made within three months of that date.
Transition period
As of November 28, 2009, any LMOs issued before May 19, 2009 with an opinion expiry date of more than six months will be considered to have expired. Therefore, as of November 28, 2009, applications with an LMO containing an opinion expiry date of more than six months after the issuance will be returned as incomplete and the TFW may advise their employer to seek a new LMO. This change is posted on the HRSDC TFW program website. In addition, HRSDC will be posting a more explicit notice on the website homepage and sending advisories to industry groups, employer associations and other groups such as the Canadian Bar Association and the Canadian Association of Professional Immigration Consultants, to notify them of this change.
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