Foreign Worker: Application for
Labour Market Opinion
November 29, 2012
Presented by:
Frances Hannigan, RCIC
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
• HRSDC does not answer to CIC, their main duty is to
regulate the labour market in Canada – and specifically
the area where the LMO application is being made
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/her 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 4011)
• 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)
NAFTA
In some instances it may be “easier” and “faster” for a US
faculty member OR definite term Research Assistant/Associate
to apply under NAFTA. This can be done directly at the port of
entry as they are entering Canada.
Proof required:
• PhD Degree (or certified copy)
• Current CV (preferably the one used to apply for uWaterloo position)
• Letter of Offer from uWaterloo
• Valid US passport (proof of citizenship)
A template letter to facilitate this can be requested from
WatPort.
NAFTA
NAFTA can be used at any time for a work permit for a US
citizen in certain professional occupations.
Instances of possible use:
• Re-appointment,
• Contract extension of definite term appt.,
• Work permit expiring within days,
• Insufficient time to apply for an LMO,
• LMO denied
Only requirement is that it must be applied for at the port of
entry upon entering Canada or at a Canadian Consulate in the
US.
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
Visitors
Many times visitors are invited to “visit” but terms of their
visit change after their arrival. These changes to the
terms of their visit can affect their immigration status.
Contact me right away to find out what needs to be
done.
To help determine before a visitor is invited to visit, what
is required for their immigration:
•
Non-Faculty/Non-PDF Checklist
•
Letter of Invitation – Generic (Non-Fac/Non-PDF)
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
•
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 for all others, contact me to submit
through the ALMO process
•
If you receive a denial of the LMO, call me!
LMO Confirmation
•
Normal turn-around time for faculty positions: 48 hours
•
Normal turn-around time for all non-faculty appts: 6 to
10 weeks
•
Normal turn-around time for ALMO appls: < 10 days
•
If you are called by HRSDC, they are simply looking to
clarify a point
•
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 or their
immigration
•
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!
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: ext. 36332
•
By fax: 519-888-4341
•
By mobile: 519-498-4277
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By email: fhanniga@uwaterloo.ca
•
On the web: www.watport.uwaterloo.ca
Thank you!