Industry
Guide

Job Offer

…a formal, legally binding agreement between an employer and employee outlining terms of employment such as duration, compensation, benefits, etc.¹

The Job Offer process for foreign workers includes:

• identifying the level of detail required in the job offer;
• identifying any specific expectations based on occupation;
• submitting the formal application for a Labour Market Opinion (LMO);
• providing the worker with the necessary documentation; and
• workers entering Canada.

Ultimately, it is the employer who makes the job offer to the employee. Recruiters, labour organizations and construction associations can play a role in helping to define the job offer, and some government bodies are responsible for reviewing the job offer.

Offering Canadians jobs can sometimes be as simple as a hand shake and providing the time and location of the work site. When hiring TFWs, the job offer is not only the agreement between an employer and worker; it becomes a document used to determine eligibility for the completion of the LMO, the work permit, and entry into Canada.

If the employer obtained an unnamed LMO, it is at this stage that the details concerning the foreign worker must be added in order to complete the LMO process. Required information includes the worker’s name, date of birth, gender, citizenship, the country where the worker is currently living and immigration status if already in Canada. If no pre-approval was sought, the employer must now apply for the LMO as described in the Job Analysis section. Online LMO applications are available on the HRSDC website. Go back to the Job Analysis section for tips on completing the LMO application. Recruiters and other supports such as labour organizations or construction associations can assist the employer in this process, but as stated, only the employer can apply for the LMO.

The level of detail in a job offer will depend on the type of occupation being filled. Highly skilled occupations covered under trade agreements require the least amount of detail. The more generic the occupation, the more detail required in the job description. The best rule of thumb is to prepare a job offer that includes all of the information required in the LMO application: the name and description of the job, the duties that will be expected, the wage being offered, the location of the work site (include all work sites if there are multiple locations), as well as the company name and contact information. Some employers have found it useful to include such information as medical coverage, benefits and other employment-related information. It is important to remember that TFWs should be treated the same as any other employee. All information related to benefits and obligations should be included in the job offer. For more information about job offers see the FAQ section.

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Workers in occupations that require lower levels of formal training (NOC C and D Codes) need to have a formal job offer submitted with the LMO application. Employers are required to make three specific commitments to these workers: pay the worker’s return travel costs, pay their health insurance until they are covered by provincial/territorial health insurance, and assist them to find appropriate accommodation. For the latest information check out the HRSDC website. To assist employers looking to hire workers into NOC C and D codes, HRSDC has developed a job offer template. This template can be used to ensure that all requirements of the program are being met. You can find the template on the HRSDC website.

Once the LMO is approved, the employer provides the LMO and the job offer to the worker. It is the worker who is responsible for applying for the work permit and visa in order to enter Canada.It is important to get the job offer to the potential employee as soon as possible. Beginning in May 2009, an LMO is valid for a six-month period only. If the worker has not made the application for a visa to Citizenship and Immigration Canada (CIC) within six months, employers must apply for a new LMO for that worker. See the HRSDC website for full details.

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Entering Canada

In order for TFWs to enter Canada, they require both a written job offer and a valid LMO approval, unless the occupation is exempt from the LMO process (see the section on Job Analysis for a description of exempt occupations).

Workers may also require a visa in order to enter the country, as determined by CIC. It is important to note that the temporary worker is responsible for a visa, not the employer. (See the FAQ section for more information on visas and responsibilities.) Workers apply for their visa through CIC visa offices abroad. Countries that require visas are listed on the CIC website.

Typically, the immigration officer who reviews the visa application will also provide an “opinion on the worker’s admissibility,” related to their health, criminal and security background. It is important to remember that the Canadian Border Services agents are security specialists and not immigration experts. When a recommendation from an immigration officer accompanies the worker at the border, the agents are better able to determine admissibility.

Once the foreign worker has all of the necessary documentation in hand – visa (if required), job offer, approved LMO, opinion on admissibility from the immigration officer – they can go to any port of entry to get their work permit. At the port of entry, a border control officer will determine eligibility into the country. This primarily centres on security issues. However, the worker will need to demonstrate that they meet all of the job requirements and training set out in the LMO, or they will not be issued a work permit.

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Variations in the process

LMOs – Processing times for LMOs can vary from province to province. Longer wait times can be expected where TFWs are more frequently used as a part of the labour force (BC, Alberta, and Ontario). However, HRSDC is currently running a pilot project in BC and Alberta that accelerates the LMO processing time to five days from the national standard of 15 days. This Expedited LMO Pilot covers a limited number of occupations, but includes a variety of construction occupations.

In Quebec, in addition to the LMO application that must be submitted by the employer, the worker must submit an application for a Québec Acceptance Certificate (QAC) from the Ministère de l'immigration et communautés culturelles (MICC). There is a cost associated with the QAC, which can be paid by either the worker or the employer. A joint HRSDC/MICC letter is sent to the employer, who then sends it to the proposed worker for submission to CIC. To find out more about this process see the Ministère de l'immigration et communautés culturelles (MICC) website. (Note: This information is only available in French.)

Visas – As mentioned above, workers from some countries are exempt from the visa process. For those workers who require visas, there can be a vast difference in wait times depending on the location of the visa office – anywhere from less than one week to more than a month. Current wait times at different visa offices can be verified on the CIC website. Visa wait times should be a part of any HR planning.

Concurrent applications – In order to reduce the lag time between the approval processes for LMOs and visas, CIC allows for proposed temporary foreign workers to apply for their visas at the same time that Service Canada is reviewing the LMO. The employer needs to give the prospective employee the LMO file number. While this may speed up the process, there are some risks. The worker must pay the application fee for the visa application, and if the LMO is denied, the fee is non-refundable. Getting an unnamed LMO can help reduce the risk that the Labour Market Opinion will not support the hiring of a temporary foreign worker, although there are no guarantees.

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¹ http://www.shrm.org/hrresources/hrglossary_published/e.asp

This page last updated December 2009