Situations could arise where a worker might possess a high standard of specialised knowledge. This knowledge might not be common in a particular industry as specified earlier. Therefore, in these cases, the officers would need to check that the wage paid to the worker is consistent with the wage paid to a specialist.
Currently, employers would pay such specialists an above average salary. Therefore, by setting the wage floor at the prevalent wage levels would help officers establish a baseline or a benchmark. The establishment of this benchmark or threshold would help them when they assess the application.
The Employment and Skills Development Canada (ESDC) website has a “Working in Canada” tool. This tool aims at helping officers determine the prevailing Canadian wage. Therefore, officers would need to refer to this tool when they assess a worker’s application. They would need to check:
- The prevailing Canadian wage for the specific occupation of the worker and,
- The region of work
As mentioned earlier, the payment of wages at a commensurate level with the prevalent Canadian wages goes, this policy:
- Does not apply to Specialised Knowledge ICTs entering Canada via the North American Free Trade Agreement (NAFTA) once in force and,
- Does not apply to any current or future Free Trade Agreements (FTAs) with coverage of LMO-Exempt Specialised Knowledge ICTs once in force
Despite this, officers must be aware that a worker’s wage is one of the most important indicators of specialised knowledge. This is especially true when it comes to applications concerning FTAs. Therefore, officers would need to consider a worker’s wages when they assess the application. They would need to treat the worker’s wages as a significant factor in the officer’s overall assessment of the application.
Situations could arise where the officer is not satisfied that the applicant is eligible for the “Specialised Knowledge” LMO exemption category. In such cases, officers would need to refuse the worker’s application. This would be in accordance with the regular procedures used for refusal.
In case some clients require an LMO, officers would need to place a check mark against the following section in the GCMS work permit refusal letter:
- You have not demonstrated that you come within the exceptions under section 186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMO) before a work permit can be issued to you. Your employer in Canada should contact the local office of Employment and Skills Development Canada to begin this process.
Source: Citizenship and Immigration
