Why Labour Market Opinions Do Not Always Guarantee a Work Permit - Filipino Journal

Why Labour Market Opinions Do Not Always Guarantee a Work Permit

Why Labour Market Opinions Do Not Always Guarantee a Work Permit

Foreign nationals who want to work in Canada or before becoming permanent residents can work in Canada with a work permit. In most cases, an employer must first obtain permission from the government of Canada to hire a foreign national by proving that they are no Canadians or Canadian permanent residents willing and able to fill the job. The document that the employer must obtain is known as a Labour Market Opinion.

In most cases, individuals who receive Labour Market Opinions are granted work permits. However, obtaining a Labour Market Opinion is no guarantee that a work permit will be issued. It is still necessary for the foreign worker to establish that he or she meets the requirements of the job as set out in the Labour Market Opinion. For instance, the foreign worker must show documents that establish they have the work experience and education needed for the position.

Earlier this year, the federal court decided the case of Ranjit Singh. In this case Mr. Singh’s employer obtained a positive Labour Market Opinion allowing him to work in Canada as a cook. However, his application for a work permit was denied because he was not able to demonstrate that he had sufficient language abilities to meet the job requirements set out in the Labour Market Opinion.

In this case, Mr. Singh submitted letters from his previous employers that indicated he could understand English. However these letters did not state that he had the ability to speak or write English and the judge found that the officer was entitled to make the decision that Mr. Singh did not prove his English language ability.

With new changes to immigration laws requiring most permanent resident applicants to submit an English language test before becoming a permanent resident, the best solution when applying for a work permit is to complete a Citizenship and Immigration Canada approved language test before applying for a work permit. This would make it easier to prove language ability not just for a work permit but would also give a foreign worker some comfort that would meet the English language requirement necessary when applying for permanent residency.

This Article is prepared for general information purposes only and is intended to provide comments for readers and friends of the Filipino Journal. The contents should not be viewed as legal advice or opinion.

Reis is a partner with Aikins Law and practices in the areas of immigration law. His direct line is 957-4640. If you would like to know more about Reis or Aikins you can visit the firm’s web page at www.aikins.com, follow Reis on Twitter at http://twitter.com/#!/ImmigrationReis, or connect with him on LinkedIn athttp://www.linkedin.com/in/reispagtakhan.