Employment and Social Development Canada (ESDC), the country’s labor authority, has announced an immediate moratorium on access to the Temporary Foreign Worker Program by employers in the food services industry. This moratorium will remain in effect until the Canadian government completes its on-going review of the Temporary Foreign Worker Program.
ESDC will not process any new or pending Labor Market Opinion (LMO) applications related to food services occupations.
What This Means for Employers
Employers will not be able to apply for new or renewed LMOs for restaurant managers, cooks, chefs and related occupations. The affected National Occupation Classification (NOC) codes are those between 0600 and 0699, as well as NOC codes in the 6000s. In addition, any previously approved LMO tied to an unfilled position with a NOC listed above will be suspended.
Though ESDC’s recent announcement pertains to the food services sector only, it serves to remind employers of the Canadian government’s current focus on immigration compliance. Employers of foreign nationals in all sectors should continue to ensure that they maintain accurate records regarding terms of employment; that remuneration levels comply with salary rules and are consistent with representations made in prior applications; that foreign workers are employed in the occupation cited in prior applications; and that foreign employees are working at the location listed on their work permit.
How Fragomen Can Assist
Fragomen can assist with advice and support on compliance and record-keeping obligations, and will continue to monitor any communications released by the government about compliance matters.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
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