Easing the legal admission of professionals, business persons, and skilled workers


Elimination of Recruiting Exemption for Post-Graduation Work Permit Holders

Employment and Social Development Canada (ESDC) has made a modification to the “Variations to Minimum Advertising Requirements” that eliminates the recruiting requirements for International graduates holding a work permit under the Post Graduation Work Permit Program ( PGWPP ). Previously, such an employer wishing to make a permanent offer to a PGWPP permit holder was exempt from the requirement to demonstrate any recruiting efforts (with the exception of the province of Quebec). The Labour Market Opinion application was still required, but an advertising effort was not needed prior to such.

With this variation eliminated, employers of PGWPP permit holders will need to follow the standard practices for demonstration of shortages of Canadians and/or the other components of the Labour Market Opinion decision making process. If a permanent offer is being made, then a permanent Labour Market Opinion may be considered. The standard four week advertising effort should be anticipated for such cases.

This variation was previously implemented as a method of encouraging the retention of the “best and brightest” of international students graduating from Canadian institutions. In the current ESDC climate, this is clearly no longer a priority and the impact on the Canadian labour market is the principal consideration.

Date Posted: June 05, 2014 Posted In: Labour Market Opinion,Temporary Work Permits

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