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Temporary Foreign Worker Program

Labour Market Opinions valid for a maximum period of six months

Questions and Answers

1. What is the new expiry date for Labour Market Opinions (LMO)?
2. What is the difference between the LMO expiry date, duration of a LMO and work permit expiry date?
3. I have already received a positive LMO that has an expiry date that is longer than 6 months. Do I have to reapply for a LMO?
4. What about job offers that start more than 6 months after the LMO is issued?
5. Can HRSDC/Service Canada issue a LMO with an expiry date of less than 6 months?
6. Do I have to wait until I have recruited a foreign worker to apply for a LMO?
7. Does the maximum six (6) month expiry apply to all components of the Temporary Foreign Worker Program? 

1. What is the new expiry date for LMOs?

Beginning on May 19, 2009, a Labour Market Opinion (LMO) is valid to support a foreign worker’s work permit application to Citizenship and Immigration Canada (CIC) for a maximum period of six-months after it is issued. The LMO expiry date identifies the period of time during which:

  • The employer must notify the temporary foreign worker (TFW) that the LMO was approved.
  • The employer must send the LMO confirmation letter to the TFW.
  • The TFW must apply for a work permit.
  • The employer who did not provide the name of the foreign worker when he applied for a LMO, must continue to try and recruit Canadians and permanent residents until he selects a foreign worker.

If this does not occur  within the period of time identified (before the expiry date  , the LMO is no longer valid and the employer must submit a new LMO application if he/she still wishes to hire a temporary foreign worker.

2. What is the difference between the LMO expiry date, duration of a LMO and work permit expiry date?

  • The LMO expiry date is the date by which a foreign worker must have applied for a work permit. If a worker has not applied by that date, the LMO is no longer valid and the employer must apply for a new LMO, if he/she still wishes to hire a foreign worker.
  • The LMO duration date is based on HRSDC/Service Canada’s assessment of an application for a LMO. It identifies the recommended length of time that a work permit could be issued to a foreign worker without negatively impacting the Canadian labour market.
  • The work permit expiry date is determined by CIC when a foreign worker applies for a work permit. It indicates how long a worker will be allowed to reside and work in Canada.

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3. I have already received a positive LMO that has an expiry date that is longer than 6 months. Do I have to reapply for a LMO?

All LMOs issued before May 19, 2009, will expire on November 28, 2009. This means that if a worker has not applied for a work permit by November 28, the LMO is no longer valid and you must apply for a new LMO, if you still wish to hire a foreign worker.

Employers with confirmed LMOs issued prior to May 19, 2009 should encourage their foreign workers to apply for their work permit before November 28, 2009.

4. What about job offers that start more than 6 months after the LMO is issued?

Regardless of the start date, foreign workers must submit their work permit application before the expiry date identified on the LMO. Employers are also expected to try and recruit Canadians and permanent residents until all positions identified in the LMO have been filled or the LMO expires.

5. Can HRSDC/Service Canada issue a LMO with an expiry date of less than 6 months?

Yes. It can issue a LMO that expires in less than six (6) months (e.g., short employment period related to emergency or warranty work).

6. Do I have to wait until I have recruited a foreign worker to apply for a LMO?

You do not have to include the worker’s name (except for positions in the province of Québec) for HRSDC/Service Canada to evaluate your LMO application. You must however continue to advertize the position to recruit Canadians or permanent residents until you have selected a foreign worker. You must provide the name of the foreign worker and other relevant information before the LMO expires.

If you apply for a LMO to hire a foreign worker for a position in the province of Québec, you must provide the worker’s name and other relevant information. Otherwise, your LMO application will not be assessed.

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7. Does the maximum six (6) month expiry apply to all components of the Temporary Foreign Worker Program?

Yes it applies to all components of the Program except for live-in caregivers to work in the province of Québec.

Due to administrative requirements, a LMO for a live-in-caregiver in the province of Québec is valid for three (3) months after the Certificat d’acceptation du Québec is issued.

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Date Modified:
2009-09-28