Applying for a Labour Market Opinion before a temporary foreign worker has been identified
Employers can apply for a Labour Market Opinion (LMO) before a temporary foreign worker (TFW) has been identified. An "Unnamed Labour Market Opinion Confirmation" letter is a positive LMO issued to an employer when no TFW has yet been named.
The LMO application without the TFW's name identified will be assessed in accordance with the Temporary Foreign Worker Program (TFWP) requirements. Employers issued an "Unnamed Labour Market Opinion Confirmation" letter have six months to identify any TFWs and have them apply for a work permit. Employers can apply for an "Unnamed Labour Market Opinion Confirmation" letter for one or more positions.
However, employers must continue their efforts to recruit Canadians and permanent residents to fill the position(s) indicated on the LMO application until they have selected the TFWs.
The application process for an unnamed LMO is as follows:
- The employer submits an LMO application without completing the "Foreign Worker Information" section or by indicating "unnamed" in that section. The assessment of the application for an unnamed LMO is the same as a standard LMO application and therefore, must be accompanied by all supporting documentation such as evidence of recruitment or training efforts.
- Human Resources and Skills Development Canada (HRSDC)/Service Canada assesses the LMO application according to the TFWP requirements. If the employer has not identified the TFW's names in the application and the assessment is positive, a letter labelled "Unnamed Labour Market Opinion Confirmation" will be sent to the employer for a given number of positions and a specific period of employment.
- Attached to the "Unnamed Labour Market Opinion Confirmation" letter is the "Foreign Worker Name Template". Once the TFWs are recruited, the employer will use the template to submit the missing information to HRSDC/Service Canada. This must be done within the six months expiration period following the issuance of the "Unnamed Labour Market Opinion Confirmation" letter.
- HRSDC/Service Canada will issue an official LMO confirmation letter, including the name(s) of the TFWs, once the required information is provided. This confirmation letter is to accompany the TFWs' applications for a work permit from Citizenship and Immigration Canada.
Note the official LMO confirmation letter will maintain the same expiry date as the "Unnamed Labour Market Opinion Confirmation" letter, and the TFWs will be required to apply for a work permit before the expiry date on the letter.
In general, HRSDC/Service Canada processes and issues the official LMO confirmation letter within five business days after receiving the TFW information. The employer can identify the TFWs for the number of positions identified in the "Unnamed Labour Market Opinion Confirmation" letter up to six months after the issuance of the letter.
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