ABIL-Immigration-Updates
FOLLOW ABIL
  • U.S. Blog
  • Global Blog
  • ABIL Home
  • ABIL Lawyers
  • News & Articles
  • More Immigration Blogs
    • ABIL Lawyers' Blogs
    • Immigration Blog Aggregator
  • Contact Us

CANADA: Service Canada has implemented a new Accelerated Labour Market Opinion Program

9/1/2012

1 Comment

 
from ABIL Immigration Insider

Service Canada has implemented a new Accelerated Labour Market Opinion (A-LMO) program, which is intended to respond to the needs of eligible employers for timely Labour Market Opinion (LMO) processing. However, this initiative places substantial responsibility on the employer for program compliance, which translates into maintaining records and undergoing compliance reviews similar in nature to a tax audit.

The A-LMO program simplifies the application process for employers but also places a substantial burden on employers by requiring attestations on the application form. An A-LMO application does not exempt employers from criteria assessed in the regular LMO process, including:
  • the genuineness of the job offer;
  • the wage offered; and
  • whether the job offer is likely to fill a labor shortage.
If the employer meets all the eligibility criteria to participate in the A-LMO initiative, Human Resources and Skills Development Canada (HRSDC)/Service Canada will then verify if the employer has agreed to all of the attestations and will issue a positive A-LMO within 10 business days.

Employer A-LMO Eligibility

The A-LMO initiative applies only to higher-skilled positions, such as management, professional, and technical occupations (classified under the National Occupational Classification (NOC) skill type 0, and skill levels A and B), although there are some exemptions to this general rule. To be eligible for this initiative:
  • The employer must have been issued at least one positive Labour Market Opinion in the previous two years;
  • The employer must have a clean record of compliance with the Temporary Foreign Worker (TFW) Program within the last two years;
  • The employer must have agreed to all of the attestations included in the application and consented to participate in a compliance review to ensure that the employer is meeting the terms and conditions set out in the Labour Market Opinion letter;
  • The employer must not have been the subject of an investigation, infraction, or serious complaint; and
  • The employer must not have any unresolved violations or contraventions under provincial laws governing employment and recruitment.
By consenting, employers agree to allow HRSDC/Service Canada to perform a compliance review of the positive A-LMO or any other positive LMO issued to the employer in the previous two years.

During the review, employers must submit documentation to demonstrate compliance with the terms and conditions of the positive LMO or A-LMO letters and their annexes. Up to 20 percent of positive A-LMOs will be selected for a compliance review. These reviews may be based on random selection, or in response to information received subsequent to the issuance of an A-LMO.

Employer Compliance Review


To be compliant, employers must meet all the terms and conditions set out in the positive A-LMO or LMO letters and their annexes. Compliance includes, but is not limited to, the fact that the:
  • employer provided wages, working conditions, and an occupation to the TFW that are substantially the same as those offered in the LMO or A-LMO application;
  • employer provided wages and working conditions that are the same as those offered to Canadian citizens and permanent residents in the same occupation and work location;
  • employer performed the minimum recruitment efforts required by the program;
  • employment of a TFW filled a labor shortage;
  • employment of a TFW did not adversely affect the settlement of a labor dispute; and
  • employer agrees to abide by the relevant federal/provincial/territorial laws that regulate employment and recruitment.
To demonstrate compliance through a review, employers may be required to submit the following documents indicating that they have abided by the terms of the A-LMO application. As noted above, the compliance process is similar to a tax audit. For example, employers may be asked to furnish some or all of the following information to ensure compliance with Service Canada requirements:
  • payroll information for the TFW and potentially for Canadian citizens and permanent residents;
  • collective bargaining agreements;
  • time sheets;
  • job descriptions;
  • copies of recruitment advertising;
  • proof of no labor dispute;
  • copies of the TFW's work permit; and
  • proof of registration with provincial/territorial workplace safety, where applicable.
Employers should maintain all of the above information and employment records for at least six years.

Non-compliance and/or failure to provide the requested documentation will result in various Service Canada penalties in addition to possible investigations for misrepresentation and non-compliance under Canada's Immigration and Refugee Protection Act.

By consenting to the terms and conditions set out in the A-LMO application, employers agree to allow HRSDC/Service Canada to perform a compliance review of the positive A-LMO or any other positive LMO issued.
1 Comment

CANADA: Service Canada Announces Changes to its LMO Program

4/1/2012

0 Comments

 
by Julie Pearl, ABIL Lawyer
Pearl Law Group Global Immigration NewsFlash

Service Canada announces changes to its LMO Program.

Effective April 1, 2012, Service Canada will allow LMO applications to be submitted online and most excitingly, offer an Accelerated LMO Process (ALMO). The online service will significantly cut down on paperwork and the ALMO will dramatically decrease the processing times for LMO applications. LMO applications have been taking up to 12 weeks recently, which has been a tremendous burden on companies hoping to bring foreign workers to Canada under the program or extending expiring work permits. Service Canada has promised a 10 day processing time for those companies who meet the following criteria:
  • previously had at least one LMO approved within the last two years;
  • a clean compliance history with the Temporary Foreign Worker (TFW) Program, and are not currently under audit; and
  • not been the subject of an investigation, an infraction, or a serious complaint, and do not have any unresolved violations under provincial laws. Finally, the employer must consent to participate in a subsequent audit process. (Until now, there has been a voluntary compliance program when submitting an LMO).
Companies should take advantage of these changes and check with their immigration provider on how to start submitting applications online and enjoying the accelerated service.
0 Comments
    Picture

    TO SUBSCRIBE

    Click the RSS Feed below

    RSS Feed

    ABIL GLOBAL

    In ABIL our lawyers have leveraged their resources and stature to help corporate clients truly manage global mobility. We provide a "one-stop shop" with global coverage customized to address international migration needs through combined experience and an extensive, worldwide, and closely affiliated network of immigration lawyers.

    Archives

    May 2014
    January 2014
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011

    Categories

    All
    457 Visa
    A8
    Academics
    Accelerated Labou Market Opinion Program
    Accelerated Lmo Process
    Accredit Sponsor Status
    Algeria
    Alien Registration Card
    Application Fees
    Australia
    Belgium
    Biometric Residence Permit
    Blue Card
    Blue Card Directive
    Border Force
    Brazil
    Bric
    British Nationality
    Brp
    Bulgarians
    Bureau Of Professional Immigration
    Business Visitors
    Business Visitors Regime
    Canada
    Children
    China
    Cic
    Citizenship
    Citizenship And Immigration Canada
    Code On Labour And Social Security Criminal Law
    Columbian Citizen
    Compliance
    Conservatories
    Consulates
    Contract Of Stay
    Croatia
    Department Of Work And Pensions
    Director General Of Home Affairs
    Doctor
    Documentation
    Dutch Immigration Service
    Dutch Knowledge Migrant Scheme
    Eea
    Egypt
    Electrical Engineer
    Electronic Travel Permit
    Emergency Termporary Permit Of Stay
    Employment Of Foreigners Act
    Enforcement
    Entrepreneur
    Entry And Exit Draft Law
    Ethics
    Eu
    Eu Blue Card
    European Economic Area
    European Union
    European Union Citizen
    European Union Immigration Portal
    Exceptional Talent
    Exit Adminstration Law
    Fair Work Act
    Family
    Family Reunification
    Federal Migration Service Of Russia
    Fm2
    Fm3
    Foreign Students
    France
    Free Trade
    French Labor Code
    Germany
    Global
    Good Character
    Grandparents
    Health Insurance
    Health Insurance Center
    Highly Educated Foreigners Scheme
    Highly Skilled Workers
    Home Secretary
    Immigration Rules
    Ind
    India
    Integration Agreement
    Intracompany Transferees
    Investor
    Investors
    Iran
    It
    Italy
    It Workers
    Japan
    Job Centre Plus
    Labor Market Opinions
    Labor Market Option
    Labor Market Tests
    Lafha
    Libya
    Life In The Uk Test
    Limosa
    Living Away From Home Allowance
    Lmo Applications
    Malayasia
    Mauritania
    Mechanical Engineer
    Mexican Citizen
    Mexico
    Migration Advisory Committee
    Minimum Salary
    Minister For Immigration And Asylum
    Modern Migration Policy Act
    Morocco
    Mvv
    Nationality Act
    Nationality Law
    National Social Ecurity Intitute
    Naturalization
    Nepal
    Netherlands
    Net Migration
    Non-quota Positions
    Normative Resolution No 87
    Normative Resolution No 88
    North Africa
    North Africans
    Olympics
    P1 Work Pass
    P2 Work Pass
    Parents
    Permanent Entry Employer-nominated Program
    Permanent Residence
    Peru
    Peruvian Consular Rules
    Points-Based System
    Professional Immigration
    Professional Immigration Legistlation
    Professionals
    Quebec Permanent Resident Applications
    Quotas
    Q Work Pass
    Reduced Wait Times
    Registration Requirements
    Residence Permit
    Residency Management System
    Romanians
    Russia
    Salary
    Salary Threshold
    Same-sex
    Same Sex Partners
    Same-sex Partners
    Schengen
    Scrutiny
    Selective Professional Migration
    Service Canada
    Settlement
    Short-Term Visa
    Significant Investor Visa
    Singapore
    Skilled Workers
    Smic
    Sms
    Social Security
    South Africa
    South African Department Of Home Affairs
    Sponsor Licence
    Sponsor Management System
    Spouse
    Statement Of Changes In Immigration Rules
    S Work Pass
    Taxes
    Tb Testing
    Technical Assistance Visa
    Temporary Foreign Worker
    Text Messages
    Third Country Nationals
    Tier 1
    Tier 2
    Tier 4
    Tourist Visa
    Treaty
    Tuberculosis
    Tunisia
    Turkey
    Uk
    Ukba
    Uk Border Agency
    Uk Border Force
    Uk Home Secretary
    United Kingdom
    Universal Jobmatch
    Universities
    Venezuelan Citizen
    Visa Extensions
    Visa-Free Transit Entry
    Work Permit
    Work Permit Quota
    Work Permit Regime
    Work Permits
    Work Quotas
    Work Visas
    X Visa
    Yms
    Youth Mobility Scheme
    Zimbabwe

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Mrs Logic