LMO - Work Permit

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

LMO - Work Permit

Postby paulo on Wed Mar 17, 2010 5:31 pm

Afternoon David,

Was having a look through the very helpful forum, and was hoping that you could give me some advice on my particular case.

Just to give you some background info, I'm a 29 year old Irish citizen who moved to Calgary with my Canadian girlfriend (now fiancee) in 2007, I have been working for the same company here & renewing my work permits every year. Now this year when I applied to renew it (Feb - my expiry date is June) it was refused on the basis that I did not include an LMO, something that I have never had to include before, but through searching the forums I can only assume that Canadian Immigration is taking a new stance that no work permits are being issued without the applicable LMO.

My employers are currently applying for the LMO, but due to the new regulations and the apparent lack of positive LMO's being furnished by Service Canada, I am worried about the fact that I could be returning from my wedding June to the possibility of not being allowed to work in Canada.

It just seems slightly ridiculous to me that I can come back from my wedding in June (to a Canadian citizen) and be told that I cannot work in a job that I have had for the last 3 years because a piece of paperwork I have never had to provide before has been refused (LMO).

I am also concerned about re-entering Canada, my work permit expires on June 6, I will be leaving the country to get married on June 4, and returning on June 28. So if my LMO is refused, presumably the only way I can enter Canada would be as a visitor? So basically my question is, do you know of any possible way around the scenario, or is it simply as black & white as I am led to believe it is - no LMO - no work permit - no job?

Thanking you in advance for all your help.
paulo
 
Posts: 1
Joined: Mon Mar 15, 2010 6:47 pm

Re: LMO - Work Permit

Postby David on Thu Mar 25, 2010 4:52 pm

If the LMO is refused, then the most likely scenario for re-admission after June 4 would be as a visitor, assuming that the immigration officials are satisfied that you are a bona-fide temporary resident. If you are admitted as a visitor, then you may seek family class sponsorship, including an application inland. The latter would eventually (after approval-in-principle) allow for an open work permit.

You otherwise seem to have some misconceptions:

1. Cases that are exempt from the LMO requirement remain exempt. It is not clear from your message why you were previously granted a work permit (youth program?) and extension (not typically renewable if so), and are now required to supply LMO approval.

2. LMOs are being approved for cases that meet the requirements. Those requirements are certainly more stringent than at times in the past.
David
Site Admin
 
Posts: 2122
Joined: Thu Dec 23, 2004 11:25 am


Return to Canadian Work Visas

Who is online

Users browsing this forum: No registered users and 0 guests

cron