Canada Arranged Employment Opinion

What is Arranged Employment (AE)?

The purpose of an Arranged Employment (AE), is to have the Canadian government verify a job offer for the purpose of qualifying for the Federal Skilled Worker Program (FSWP) or the Federal Skilled Trades Program (FSTP), or circumventing its cap.

 

Canadian Immigration undertakes an evaluation of the permanent job offer to ensure that it is genuine and meets Canadian labor market standards under the National Occupational Classification. Most cases require for the employer to apply for a Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC).  If an employer wants to hire someone who is already in Canada, then an additional LMO is not usually required.

Once a candidate qualifies for an arranged employment opinion, Canadian immigration is assured that the individual will arrive in Canada ready to work and contribute to, rather than detract from Canadian social services.

Process of Arranged Employment:

A valid job offer is made through a letter from the employer, stating that upon being granted with permanent resident status, the applicant will be employed on a full-time, non-seasonal basis.

  • In the FSWP, the offer must be for a permanent postion with a single employer.  The offer must be for a position that is classified as Skill Type 0, A or B in the NOC classifications.
  • In the FSTP, the offer can be constructed by two employers, so long as it is for at least 1 year of constant full-time employment in a qualified skilled trade. The offer must be for a job classified as Skill Level B in the NOC classifications.

In the case of recruiting an applicant who does not have a work permit or is not certified to work in Canada:

  • Employers must first submit an LMO application to Employment and Social Development Canada (ESDC). ESDC then reviews the application and, if qualified, the employer is given a neutral or positive LMO document. The employer would then provide this, along with a job offer (letter), to the foreign worker included in their immigration application. For more information on the LMO application process, please contact ESDC.

In the case of recruiting an applicant already working in Canada:

  • Existing or acceptable LMO exclusions: Most temporary foreign worker who are already working in Canada under their employer listed on their work permit, can submit their Federal Skilled Workers application directly to Citienship and Immigration Canada (CIC). Should this case apply, there is no need for a new LMO; simply for the inclusion of the official job offer with their application. Someone who is working in Canada on a work permit that LMO-exempt under an international or federal-provincial agreement can also apply directly to CIC.

A new LMO is required if: an employer offers a job to a temporary foreing worker which is not listed on their current work permit (who did not obtain an LMO to be hired), OR if the worker is on LMO-exempt work permit which is not under an international or federal-provincial agreement. In those cases, a new LMO is required to hold up the application to CIC.

Who needs Arranged Employment?

If you are applying for Canadian permanent residence through the Federal Skilled Worker program and the following criteria apply you to, you require arranged employment:

  1. Are outside of Canada and have received a full-time permanent job offer contingent upon obtaining Canadian permanent residence; OR
  2. Are working in Canada on a work permit that it set to expire before your application for Canadian permanent residence has been approved and you are concerned you will not be able to obtain an extension of your current work permit; OR
  3. Are working in Canada on a work permit but have been offered a full-time permanent job offer in a position or company different from the one you currently hold/indicated on your work permit.

NOTE: An arranged employment is not authorization to work in Canada. If you are in one of the situations listed above and are interested in working in Canada, you still require a work permit. Click here for more information on obtaining a Canadian work permit.

What factors does Canadian immigration consider when assessing an arranged employment application?

  1. Occupation: Is the position being offered to the foreign worker at a skilled or managerial level and is it in demand?
  2. Wages and working conditions: Are the salary and conditions of work offered consistent with Canadian and regional labor market standards?
  3. Authenticity of the job offer & the employer’s record: Employment and Social Development Canada (ESDC) or Service Canada will verify that the Canadian employer has had workers on the payroll for at least one year, has the financial capacity to hire the employee in question and that the employer has no ESDC violations on their record. ESDC also reserves the right to contact the employer to verify that the offer is genuine.
  4. Full-time & permanent employment: Arranged Employment can only be issued for full-time permanent positions that are not seasonal in nature. For these purposes, full-time is considered to be 30 hours per week.

Employer adavantages:

Job offers which are supported by the LMO varifies aspects including:

  • that the employer has tried to hire a Canadian or permanent resident prior to this application.
  • the genuineness of the job offer;
  • that the type of worker at hand is in demand for in the Canadian labour market.

If the LMO is positive, the employer receives the advantage of being used as a support for the foreign national’s application for a permanent resident visa and/or temporary work permit. This would allow for:

  • Employers to get their immediate labour needs met by making a job offer to a foreign national if there are no Canadian citizens available to fill the job position; and
  • Foreign nationals to take up immediate temporary employment in Canada while their application sent to CIC is being evaluation. They can use the same LMO from ESDC to support their work permit and permanent residence applications if they stay with the same employer.

For more information about Arranged Employment and to learn how FWCanada can help you immigrate to Canada, fill out our assessment form.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.