Employment and Social Development Canada (ESDC) has the legislative mandate needed for providing an opinion. It can provide an opinion on the same basis as an opinion provided for the issuance of a work permit. In other words, Employment and Social Development Canada (ESDC) can provide an opinion if the application meets the requirements specified under R203 (1).
To meet these specifications, the offer of employment must be in an occupation listed in one of the following:
- A National Occupational Classification (NOC) 2011 Skill Type 0 occupation in Canada i.e. managerial occupations
- A National Occupational Classification (NOC) 2011 Skill Level A occupation in Canada i.e. professional occupations or,
- A National Occupational Classification (NOC) 2011 Skill Level B occupation in Canada i.e. technical occupations and skilled trades
Officers would need to treat all Labour Market Impact Assessments (LMIAs) equally. This is regardless of whether the authorities issued the Labour Market Impact Assessment (LMIA) in support of:
- An application for permanent residence or,
- A work permit
Officers would need to follow this specification to assess arranged employment in the Federal Skilled Worker Class.
In addition, while assessing the offer of employment, Employment and Social Development Canada (ESDC) would need to verify:
- The authenticity of the offer of employment and the history of the employer
- That the job offer is for permanent, full-time, non-seasonal work
- Whether the employment could have a neutral or a positive effect on the Canadian labour market and,
- The employer’s levels of compliance with respect to the terms and conditions approved by Employment and Social Development Canada (ESDC) concerning the wages, working conditions and the occupation of the applicant
- This condition is specifically applicable for employers to whom the authorities have issued a Labour Market Impact Assessment (LMIA) in the previous two years
Employment and Social Development Canada (ESDC) typically requires employers to submit certain supporting documentation along with their Labour Market Impact Assessment (LMIA) application. To find out more on the subject, readers would need to refer to the Labour Market Impact Assessment (LMIA) application form available on the website of Employment and Social Development Canada (ESDC).
Source: Citizenship and Immigration
