A few questions about the LMO and work permit

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

A few questions about the LMO and work permit

Postby brian on Thu Feb 17, 2011 2:19 pm

I am a U.S. citizen currently living in California. I have been offered a technical position at a Canadian university and will be leaving for Canada at the end of March. At the moment, my future employer is waiting to receive a positive LMO. I’m not sure exactly when they submitted the application, but it was probably five or six weeks ago. Does anybody know what the typical processing time is for the LMO right now?

I’m a little bit confused as to how to go about applying for my temporary work permit once I get the offer letter. As far as I can tell, there are two options: 1) I send a paper application with supporting documents to the Los Angeles CIC office, or 2) I apply for the permit (with completed application, positive LMO, and offer letter in hand) as I enter Canada. If I choose the first option, I might have to wait a number of weeks to receive the permit. Does anybody know how long the Los Angeles office typically takes to process a work permit application?

I’d appreciate any advice that anybody could give me on making this process go as quickly and smoothly as possible. In particular, I’d like to know if it really is possible for me to apply for the work permit at the border. Also, will I need supporting items other than the positive LMO, offer letter, passport, and two b/w photographs?
brian
 
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Re: A few questions about the LMO and work permit

Postby brian on Sat Feb 19, 2011 1:53 am

Ok, I figured out the answer to one of my questions. I should have read the instructions for the work permit form a little more thoroughly. The following text is present on page 12:

“If you are a citizen or permanent resident of the United States, Greenland or St. Pierre and Miquelon you can apply for a work permit at a port of entry, but you must produce the confirmation of your offer of employment (detailed job offer) and have any other documentation required by the officer to make his or her decision when you arrive at the port of entry.”

I’m just a little nervous about showing up at the border and not having the correct supporting documents or other materials. Is it advisable to bring anything in addition to completed work permit application, passport, Labour Market Opinion, job offer letter, and two photographs? Should I have birth certificate, diplomas, résumé, etc. at the ready?

If anybody else has applied for the work permit at the border, I’d really appreciate an account of how things went. How much time does the process take?

Sorry if my questions seem very basic, but this is all new to me.
brian
 
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Re: A few questions about the LMO and work permit

Postby David on Thu Feb 24, 2011 12:01 pm

Without all the details of the case, it is impossible to say what must be present at the port of entry when applying. As a general rule, in a case in which a LMO approval is in hand, evidence of the offer of work in Canada and of your compliance with education/training and experience requirements for the position are minimum requirements, in addition to a valid passport and applicable fees.
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Re: A few questions about the LMO and work permit

Postby brian on Tue Mar 01, 2011 3:08 am

Here is another question: Do I really need a Labour Market Opinion? According to the “Foreign Worker Manual” from CIC, it seems to me that I might qualify under NAFTA as a business “professional.” I’m not a business person; I’ll be working for a university as a technician. However, according to the manual, a “business” person is defined as one “who is engaged in trade in goods, the provision of services or the conduct of investment activities.” Persons who seek work in Canada under the NAFTA “professional” category “are not subject to an LMO but require a work permit (R204, T23).” My position certainly falls within the category of “Scientific Technician/Technologist” as listed within the NAFTA-approved occupations; my specialty lies within both geology and chemistry, and I will be operating analytical equipment related to these fields. Is this a possible avenue (via “provision of services”), or does NAFTA not apply to positions at Canadian universities?

The reason I ask about this is that I'm worried that the LMO process is going to take an inordinate amount of time; bascially I'm committed to leaving California at the end of March.
brian
 
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Location: Davis, California

Re: A few questions about the LMO and work permit

Postby David on Tue Mar 01, 2011 10:49 am

The NAFTA Professional category is certainly worth considering. However, the information here is far from sufficient to make an evaluation of the viability of such a case.
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