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2. Skills >
3. Foreign Workers

Steps to Hire Temporary Foreign Workers

Employing foreign workers can be an essential part of a company's business strategy. Foreign workers can fill labour shortages in Canada and bring new skills and knowledge to help the country's economy grow.

Hiring Steps:

In almost all cases, foreign workers must have a valid work permit to work in Canada. When hiring a foreign worker, you, the employer must generally :

1. Submit an application for a Labour Market Opinion (LMO) to the Service Canada Centre responsible for processing applications.

   Please note that you can apply for an (LMO) before the temporary foreign worker has been identified.

   Before confirming a job offer, Human Resources and Skills Development Canada (HRSDC)/Service Canada considers whether :

   • The job offer is genuine;
   • The wages and working conditions are comparable to those offered to Canadians working in the occupation;
   • Employers conducted reasonable efforts to hire or train Canadians for the job;
   • The foreign worker is filling a labour shortage;
   • The employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
   • The foreign worker will transfer new skills and knowledge to Canadians; and
   • The hiring of the foreign worker will not affect a labour disputes or the employment of any Canadian worker involved in such a dispute.
   
   Learn more about the HRSDC/Service Canada LMO assessment criteria. You should be aware that a Quebec Acceptance Certificate (CAQ) issued by the province is also required for jobs in Quebec.
2. Employers using a third party representative must complete the "Annex to the Appointment of Representative" form and send it with the LMO application.
3. Once HRSDC/Service Canada approves the job offer, send a copy of the HRSDC/Service Canada LMO confirmation letter to the foreign worker.
4. Inform the foreign worker to apply for a work permit from Citizenship and Immigration Canada (CIC).

Next, CIC decides whether the foreign worker will get a work permit according to the requirements to work and reside temporarily in Canada.

A LMO may be revoked prior to the issuance of a work permit under the following circumstances:

• The application included false or misleading information; or
• New facts come to light subsequent to the date of the issuance of the opinion that would have affected the assessment of the application and that, in turn, change the opinion that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada; or
• The opinion was based on a mistake as to some material fact.

The revocation of a LMO decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations.

When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire temporary foreign workers.

Special Conditions:

Under the Immigration and Refugee Protection Act (IRPA), there are special cases when you do not need an HRSDC/Service Canada Labour Market Opinion to hire a foreign worker, and/or the foreign worker may not need a Citizenship and Immigration Canada (CIC) work permit.

• Learn about occupations that are exempt from the HRSDC/Service Canada Labour Market Opinion.
• Learn about occupations that are exempt from the CIC work permit.

Special criteria apply if you hire foreign workers in some industry sectors and occupations including:

• Academics;
• Seasonal Agriculture;
• Film and Entertainment;
• Information Technology;
• Live-in Caregivers; and 
• Pilot Project for Occupations Requiring Lower Levels of Formal Training.

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Date Modified:

2012-01-26