HRSDC Confirmations

One of the key steps in recruiting a foreign worker, apart from the worker making an application for a work permit or permanent residence, is for the employer to obtain a "confirmation" (or "opinion") from Human Resources and Skills Development Canada regarding the job offer that has been made.

In essence this confirmation (or opinion) is required to show that the job could not easily have been filled by a Canadian. The employer normally needs to show that the wages being offered are sufficient to attract a Canadian and that they have made sufficient attempts to find someone from within Canada before offering the job to a foreigner. Unfortunately the HRSDC confirmation is often the step that slows down the process and places an additional administrative burden on the employer.

There are two different types of HRSDC Confirmation and, in some situations, it is possible to claim an exemption from having to obtain either of these.

Labour Market Opinions

A Labour Market Opinion (LMO) is normally required where a foreign worker is making an application for a Temporary Work Permit. There is a requirement for the employer to demonstrate their recruitment efforts (including having undertaken national advertising of the position for a certain period) and that there is a skill shortage for the position. The LMO is generally the most onerous of the two types of HRSDC Confirmations. An LMO can also be used to enable a foreign worker to immigrate permanently to Canada as a Skilled Worker and so can serve the dual purpose of enabling them to obtain a work permit to begin working for your company while waiting for their application for permanent residency to be processed.

It is not normally possible to obtain a positive LMO where the wages being offered are below the normal industry level, where the position is part-time, or where in the opinion of HRSDC there is no labour shortage for that occupation.

Arranged Employment Opinion

An Arranged Employment Opinion (AEO) is often easier to obtain because the criteria are less stringent. For example there is no requirement to undertake national advertising of the position as with the LMO. However, an AEO cannot be used to enable a foreign worker to obtain a temporary work permit, it is only used for helping to support their permanent immigration to Canada. If you have made the person a permanent job offer (it cannot be temporary in this instance) and obtained an AEO from HRSDC it enables them to apply to immigrate permanently as a Skilled Worker even if their occupation is not one of the 38 eligible occupations.

Exemptions from HRSDC Confirmation

There are a number of situations where an exemption from obtaining an HRSDC Confirmation can be claimed which greatly reduces the timescales and administrative burden in obtaining a Temporary Work Permit. We can explore these exemptions with you in detail to assist you in simplifying and expediting the process. Typical exemptions include:

People who have been "nominated" for Provincial Nomination
Staff being transferred to Canada from an overseas parent or subsidiary company (Inter-Company Transferees)
Certain categories of IT Workers
Spouses of certain Temporary Work Permit holders or Study Permit holders
Occupations related to research, education or training