Foreign Worker: Application for
Labour Market Opinion
November 24, 2011
Presented by:
Frances Hannigan, CCIC
HR - WatPort
Who needs a Work Permit?
•
Most foreign workers require a valid work permit
before they can be legally paid for their
employment
•
Most common cases are regular full-time faculty
who do not hold a Canadian passport
•
However, any worker that do not hold a Canadian
passport requires a work permit; this includes
PDFs, Research/Teaching Assistants, Research
Professors, Lab Assistants/Technicians
•
Work permits cannot be issued for part-time work
regardless of occupation
HRSDC vs. CIC
Human Resources and Skills Development Canada
• Is part of Service Canada, therefore does not answer
to Citizenship & Immigration Canada
• Main purpose of the LMO is to keep track of and
advise the Federal & Provincial governments of the
labour movements and shortages in Canada
Citizenship & Immigration Canada
• Is the Federal body that regulates foreign nationals’
movements in and out of Canada
• Is the only authority that can provide legal “permission”
to any foreign national to work in Canada
HRSDC & CIC
• Immigration and Refugee Protection Regulations 203(1)
requires that all work permit applications must be
accompanied by a neutral or positive opinion (the
Labour Market Opinion – LMO) from HRSDC
• Since HRSDC does not answer to CIC, it does not
always “keep in time” with the changes to immigration
and its respective Act & Regulations
What does this mean to you when hiring a foreign national?
The LMO is not always a guarantee!
Hiring a Foreign Faculty
Once the signed Letter of Appointment is received from a
foreign new faculty, what happens next:
•
Application for a Labour Market Opinion must be made
and an LMO Confirmation must be obtained
•
The foreign new faculty must obtain a work permit with
an LMO Confirmation
•
All LMO’s are valid for 6 months
•
Upon re-appointment of the foreign faculty, a new
Labour Market Opinion must be obtained in order for
the faculty member to renew his work permit (unless
s/he has since received their PR status/card)
Who doesn’t need an LMO Confirmation
Most foreign workers require a work permit but in
some cases, no LMO Confirmation is needed:
• Guest Lecturer
• Visiting Professors
• Post Doctoral Fellows
• Research Award Recipients
• International Agreements such as NAFTA,
CCFTA and GATS
Who doesn’t need an LMO Confirmation
Guest Lecturer:
• Delivers a series of lectures or talks
• Holds a position for a period of less than one academic
term or semester
• No requirement to be a professor
• Does not have to hold a PhD
• Mainly used for someone staying for longer than 5 days
to present but less than an academic term (academic
term is to be defined by the University & must be within
reason)
• HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation
Visiting Professor
• Works for a period of not more than two academic
years
• Retains their position abroad and MUST be returning
to his/her position abroad (proof must be provided in
form of a letter of intent to return)
• Must meet the requirements of the NOC description
for a Professor (NOC 4122)
• HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation
Post Doctoral Fellows
• Candidate has completed a Ph.D. or equivalent
(CIC will accept the University’s word that the
candidate has equivalent qualifications for a PhD)
• Works in a field related to that in which they
earned their Ph.D.
• Appointed to a time-limited position granting a
stipend or salary
• HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
Research Award Recipient
• Applies only to persons who are the direct recipients
of an academic research award paid by a:
• Canadian source, or
• foreign source
• Researchers working for other award recipients are
not covered under this provision – i.e. Research
Assistants, Graduate Students
• HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
International Agreements
• North American Free Trade Agreement (NAFTA):
applies to citizens of USA and Mexico only –
HRSDC LMO exempt (T23)
• Canada Chile Free Trade Agreement (CCFTA):
applies to citizens of Chile only – HRSDC LMO
exempt (T23)
• General Agreement on Trade & Services (GATS):
applies to citizens of the WTO Member Nation (or
PR of Australia or New Zealand) – only applies to
specific occupations – HRSDC LMO exempt (T33)
Hiring Foreign non-Faculty
RA/TA / Lab Techs / Visiting Scholars / Staff
• If the foreign hire is NOT a student with uWaterloo AND
they do not fall into one of the categories previously
mentioned, then an LMO Confirmation IS required before
a Work Permit will be issued
• Depending on the type of work, number of hours to be
worked, salary offered, length of contract, and
advertising done for the position, an LMO is very difficult
to obtain
• Contact me right away to find out what needs to be done
The Labour Market Opinion
HRSDC forms: www.watport.uwaterloo.ca
•
What are they: Recruitment Summary Form & the
Foreign Worker Application – Application for Labour
Market Opinion
•
Where to find them:
www.watport.uwaterloo.ca/OnCampus/indexWPEmployer.html
•
How to complete them:
www.watport.uwaterloo.ca/OnCampus/LMOApp1.html
•
To Whom do they go to:
www.watport.uwaterloo.ca/OnCampus/GeneralInfo.html
How to complete the LMO Application Forms
•
Download the form from the WatPort site – this is
necessary as there are some completed fields already that
change on an annual basis with up-to-date information
–
Changes to Box 65 re: Union status
•
Follow the instructions on the step-by-step guide and
there should be no problems – if there is, call me!
•
In most instances, all forms must be sent over to the VP –
Academic for signing/approval (for faculty positions only)
•
Once completed, follow the instructions on the first webpage (General Information) to send it to Saint John, NB for
faculty positions and Downsview, ON for all others
•
If you receive a denial of the LMO, call me!
LMO Confirmation
•
Normal turn-around time from time of fax to receipt of
the LMO Confirmation is 48 hours for faculty
positions & 2 to 3 weeks for all other positions
•
If you are called by HRSDC, they are simply looking
to clarify a point – most likely something they could
not read because of the fax transmission!
•
Make sure to keep a copy of the LMO Confirmation in
the employee’s file in either the Dean’s or Chair’s
office
•
The original fax must be given to the new employee
for them to include with their work permit application
The Work Permit
Once the LMO Confirmation is received by your new employee,
they must do the following:
•
Download a work permit application form:
www.watport.uwaterloo.ca/OnCampus/indexWPEmployee.html
•
Follow the instructions given on the WatPort site:
www.watport.uwaterloo.ca/OnCampus/WP-GeneralInfo.html
•
The actual work permit is not issued to the new employee
until they enter Canada at any port of entry – they will only
receive a Letter of Confirmation of Work Permit, which they
must present at the port of entry along with supporting
documents
What Happens Next
Once your foreign new faculty arrive on campus:
•
Be sure to ask for a copy of their work permit to add
to their employee file (this will help you to remember
to apply for a new LMO when it comes time for the
re-appointment)
•
Point them to the WatPort site or refer them directly
to me for any questions related to relocation
•
Call me or refer me to the foreign new employee if
they have any questions about spousal/partner work
permits or are looking to apply for PR
Extension of LMO
When it’s time for the foreign employee to be re-appointed:
•
Make sure that the faculty member has not already received
PR – applying and having an application in the process does
not negate the fact that they still need a work permit to be
legally paid for their work!
•
Once the re-appointment letter has been signed, Application for
a Labour Market Opinion must be completed and faxed to Saint
John, NB for faculty positions and Downsview, ON for all others
•
The form can be downloaded from the WatPort site:
www.watport.uwaterloo.ca/OnCampus/ExtendGenInfo.html
If an LMO was needed the first time to get the work permit, a
new LMO will be needed for the re-appointment!
Other areas WatPort can assist with
• During the Candidate interview date:
– 30 minute meeting with the Candidate to answer any
immediate questions about relocation
– Provide a “Welcome Package” of information about the
uWaterloo & KW community
• When an Acceptance is received from the Candidate:
– If no opportunity was given to meet the Candidate during
their interview date, a “Welcome Package” will be sent
– Contact made via email with the Candidate/New Faculty
to offer assistance with relocation
– Area tour if candidate is in KW for a “house-hunting” trip
Other areas WatPort can assist with
• New Faculty already in Waterloo
– Provide guidance/advice/assistance with Provincial
Nominee applications for New Faculty
– Provide immigration advice/guidance for any “unusual” nonCanadian hire and/or visitor
– Assistance/guidance with LMO renewal applications
– Rental posting site specific for faculty and staff only for
sabbatical and/or non-sabbatical rentals
WatPort
Recruitment
Support
Retention
Meet during interview day
Welcoming Events in Jan., June, & Sept.
Assistance with permanent residency
applications
CD & Website of Resettlement Info
Info Sessions on Academic Support Units
Email before signing letter of offer
Lunch & Learns through CTE & WatPort
Immigration Assistance
Immigration Assistance
To provide as much information to the
To provide a first-point of contact for
candidate to allow them to make the
both the new faculty & their family
best & most informed choice on
during their resettlement phase to
whether to work at uWaterloo
Waterloo
Advice & guidence with reappointments of foreign faculty
Career and/or job-search assist for
spouses/partners of new faculty
To provide "as-needed" assistance to
new faculty & their family as they
make Waterloo their home
How to reach me….
•
On campus: GSC 138
•
By phone: 519-888-4567 ext. 36332
•
By fax: 519-746-3242 or 519-888-4341
•
By mobile: 519-498-4277
•
By email: fhanniga@uwaterloo.ca
•
On the web: www.watport.uwaterloo.ca
Thank you for your time!