Which of the new rules regarding LMIA and TFWP are in effect?

[sloboswede]

As the subject states. Which of the new rules regarding temporary work visa applications are in effect at the moment? When reading on the governent's site, I find both LMIA anf LMO referenced.

 

[ButterflyChemist]

As I understand it the changes are immediate. The reduction of the number of temporary foreign workers is to be phased in over the next two years.

 

[stopDA]

LMO and LMIA are basically the same thing except that an LMIA is a new type of LMO that Service Canada will be processing from now on in place of the old LMOs. All new LMOs as of June 20 are referred to as LMIA since they're processed according to new guidelines that came into effect that day. All LMOs that were issued before that are still usable, but from now on, Service Canada will process only LMIAs under more stringent rules. The 2-year maximum rule is now in effect for everyone requiring an LMIA.

 

[amira_mais]

As the subject states. Which of the new rules regarding temporary work visa applications are in effect at the moment? When reading on the governent's site, I find both LMIA anf LMO referenced.

Here is an implementation timeline: http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/timeline.shtml

 

[jenny12345]

LMO and LMIA are basically the same thing except that an LMIA is a new type of LMO that Service Canada will be processing from now on in place of the old LMOs. All new LMOs as of June 20 are referred to as LMIA since they're processed according to new guidelines that came into effect that day. All LMOs that were issued before that are still usable, but from now on, Service Canada will process only LMIAs under more stringent rules. The 2-year maximum rule is now in effect for everyone requiring an LMIA.

The 2 year maximum rule actually doesn't take effect till Summer of 2015 (esdc website)

 

[ButterflyChemist]

Timeline of Measures Coming into Force

Activity Implementation Date
LMIA Fee Effective immediately
Introduction of Cap Effective immediately
High-Wage Transition Plans Effective immediately
Launch enhanced Tip Website Effective immediately
New guidelines for intra-company transferees with specialized knowledge Effective immediately
10-day Processing Times for certain occupations Effective immediately


Esdc website

 

[dalma11]

The 2 year maximum rule actually doesn't take effect till Summer of 2015 (esdc website)

where did you read that I can not find it anywhere. I know that other people were referring at, but I just can not find it ! Thanks

 

[ButterflyChemist]

On the EDSC website where they discuss the changes to the program there is a link to the timelines. See amira_mais response for link

 

[sloboswede]

Tank you!

Does anyone know what occupations "10-day Processing Times" refers to? I remember CIC mentioning high-paid jobs as well as shorter (less than 120 days?) contracts? Or is this a reference to something else?

 

[amira_mais]

There are 3 categories subject to the 10 business day service standard.

1. Highest demand - open to skilled trades
2. Highest paid - any occupation
3. Shortest duration - any occupation

See this excerpt from the ESDC website:

Highest-demand occupations
Initially, the 10-day service standard for highest-demand occupations will be limited to the skilled trades where the wage offered is at or above the provincial/territorial median wage. Positions in the skilled trades are essential to the development of major infrastructure and natural resource extraction projects, which are vital to Canada's economic growth. Over time, other occupations may be added based on evidence from more and better labour market information.

Highest-paid occupations
The 10-day service standard will also be available to employers requesting temporary foreign workers in the highest-paid occupations that offer wages in the top 10 percent of wages earned by Canadians in a given province or territory such as physicians. This wage level indicates that a temporary foreign worker is the highest-skilled in their occupation and that those skills are not easily found in the Canadian labour market.

Shortest-duration occupations
Finally, the 10-day service standard will also be available for employers seeking temporary foreign workers for a short duration, defined as 120 calendar days or less in any occupation where the wage offered is at or above the provincial or territorial median wage. Positions falling under this category include those related to repairs to manufacturing equipment and warranty work. Renewal of short-duration LMIAs will not be permitted, except in exceptional circumstances.