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On April 24, 2014, the Minister of Employment and Social Development announced a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (TFWP) as a result of serious allegations of abuse of the TFWP. Accordingly, Employment and Social Development Canada stopped processing any new or pending LMO applications related to the Food Services Sector. In addition, any unfilled positions tied to a previously approved LMO were suspended.
Effective immediately, the moratorium on the Food Services Sector’s access to the TFWP has ended.
Ending the moratorium now allows an employer to fill previously suspended positions tied to an approved LMO, unless the LMO expired during the suspension. Employers wanting to apply for a new Labour Market Impact Assessment to hire temporary foreign workers in the Food Services Sector need to submit new applications that will be subject to the new program requirements, including the cap on temporary foreign workers in low-wage occupations.
Work permit applications that were suspended from processing due to the suspension of the associated LMO will go back into the queue for processing by Citizenship and Immigration Canada.
Questions and Answers
Impact on employers
LMOs suspended under the moratorium are now unsuspended. As long as the LMO is still valid and has not expired, the prospective temporary foreign worker(s) named on that LMO may submit work permit applications to CIC, or, if eligible to apply on entry into Canada, to a Canada Border Services Agency port of entry.
No, employers with expired LMOs need to submit new applications that would be subject to new stricter program requirements, including the cap on temporary foreign workers in lower-wage occupations. Please visit esdc.gc.ca for details on applying under the new program requirements.
Impact on temporary foreign workers
Your application will go back into the queue for processing by Citizenship and Immigration Canada now that the suspension has been lifted.
If the LMO is still valid and has not expired, and you are named on that LMO, you may submit a work permit application as per normal procedures.
If the LMO is no longer valid or has expired, you may not apply for a work permit based on that LMO. Before you can apply for a work permit, your employer will need a valid Labour Market Impact Assessment (formerly the Labour Market Opinion).
[3:25:48 PM] Dirk Propp: http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml
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In its report, CIBC targeted 25 professions that are most in need of qualified employees. They are as follows:
- Managers in Engineering, Architecture, Science and Info Systems
- Managers in Health, Education, Social and Community Services
- Managers in Construction and Transportation
- Auditors, Accountants and Investment Professionals
- Human Resources and Business Service Professionals
- Professional Occupations in Natural and Applied Science
- Physical Science Professionals
- Life Science Professionals
- Civil, Mechanical, Electrical and Chemical Engineers
- Other Engineers
- Professional Occupations in Health
- Physicians, Dentists and Veterinarians
- Optometrists, Chiropractors and Other Health Diagnosing and Treating Professionals
- Pharmacists, Dietitians and Nutritionists
- Therapy and Assessment Professionals
- Nurse Supervisors and Registered Nurses
- Technical and Related Occupations in Health
- Medical Technologists and Technicians (Except Dental Health)
- Technical Occupations in Dental Health Care
- Other Technical Occupations in Health Care (Except Dental)
- Psychologists, Social Workers, Counsellors, Clergy and Probation Officers
- Supervisors, Mining, Oil and Gas
- Underground Miners, Oil and Gas Drillers and Related Workers
- Supervisors in Manufacturing
- Supervisors, Processing Occupations
The Canadian government has made efforts to offset employee shortages through a forward-thinking immigration system. Individuals with the education and skills most needed in Canada will find that programs for both temporary and permanent residence have been tailored to suit their profiles. Some recent immigration changes intended to bring in the workers Canada include:
- The popular Federal Skilled Worker Program has overhauled its selection criteria to better target those individuals who have a high likelihood of succeeding upon arrival in Canada. Citizenship and Immigration Canada hopes to accept over 50,000 new permanent residents through this program alone in 2013.
- A new class of immigration, the Federal Skilled Trades Class, has been created to more efficiently bring tradespersons to Canada.