Operational Bulletin 574A – June 20, 2014

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Instructions in regard to the Temporary Foreign Worker Program Food Services Sector Labour Market Impact Assessment and Work Permit Suspensions Lifting

Summary

On June 20, 2014, Employment and Social Development Canada (ESDC) announced that it is lifting the suspension for specific Labour Market Impact Assessments (LMIAs) in the Food Services Sector. This Operational Bulletin (OB) provides processing officers with instructions on how to resume processing.

Background

On April 24, 2014, the Minister of ESDC announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program. Accordingly, ESDC stopped processing any new or pending LMIA applications related to the Food Services Sector.

On April 30, 2014, the Minister of ESDC suspended processing of unused positions tied to a previously approved LMIA in this sector. This required that Citizenship and Immigration Canada (CIC) also suspend the processing of affected work permit applications.

Processing instructions

ESDC has completed their review of the Food Services Sector and has re-confirmed the majority of the suspended LMIAs. Work permit applications should be returned to the processing queue in accordance with their date of receipt. CIC officers are asked to ensure that these cases do not face any unreasonable delays now that the suspension has been lifted.

To check that the LMIA has been re-confirmed, refresh the HRSDC View Tab in GCMS:  

  • If the LMIA suspension was lifted, the Decision and HRSDC Comments fields will show “RECONFIRM – DATE - This LMIA has been reconfirmed and may be processed as per normal procedures.” The processing of the work permit application can then continue as normal.
  • If ESDC has not yet completed their review of the specific LMIA, the Decision or HRSDC Comments fields will continue to show ‘Suspended’. Place the work permit application on hold for another 60 days pending further review by ESDC.

If the work permit application is received by the CBSA at the port of entry after the suspension is lifted:

If the LMIA is still within the validity period, Border Services Officers may process as per normal procedures.

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