Do I need an LMO to extend my work permit?

[sharonkay]

My children and I came to Canada in December of 2008 with my husband who was transferred here by his company as a skilled worker.  I obtained an open work permit and am currently working, however my permit will expire in November of 2011. My husband now has dual US/Canada citizenship and is sponsoring the kids and I for for permanent residency. We just started the process and it will take quite some time, so I am applying to extend my work permit, but I'm not sure if I need an LMO from my employer since I am already in Canada and already working?

[wilbur]

Hi,

Yes, you need an LMO to extend your Work permit, unless you are in any of the LMO exempt cases.

I am already in Canada, working since 2009 and neede to apply for an LMO to continue working with the same employer, I just don't understand that but is the way it is. The good news is that you have enough time to apply.

[sharonkay]

Thanks for your reply.  I'm not sure if I'm exempt or not because things that I have read seem to conflict.  I read somewhere that if a skilled worker is in Canada on a work permit then their spouse can obtain an open work permit without an LMO, but my husband is now a citizen and not required to have a work permit so I'm assuming that no longer applies to me.  I am also hearing that the majority of the LMO's are being denied and since I work as a bookkeeper, which is not a hard position to fill I'm not really sure what will happen, but I will ask my employer to start the process and keep my fingers crossed.   

[GoldenArm]

"...I am also hearing that the majority of the LMO's are being denied..."

Where did you hear that?

[sharonkay]

The company my husband works for has applied for several LMO's to over the last few months and every one of them has been denied.

[job_seeker]

The employer must show recruitment efforts (national job bank advertisement); competitive salary rates must be offered and if these were done properly, attach a strong justification why you are the best person for the job (you've worked for them for several years and that should count for something).

The company my husband works for has applied for several LMO's to over the last few months and every one of them has been denied.

[Baloo]

The company my husband works for has applied for several LMO's to over the last few months and every one of them has been denied.

It happens quite often. There are no guarantees.

[sharonkay]

My husband is a safety director for a large American Owned company.  He has been trying to hire a safety manager for one of his jobsites since last March. The LMO's that he has applied for have been for US workers that have experience and work for the same company he does, however they keep getting denied stating there are eligible Canadian workers, when in fact the people that are applying for the position are straight out of school with no construction experience.  And.... it isn't due to a salary issue because his company pays very well and has great benefits.

[Baloo]

My husband is a safety director for a large American Owned company.  He has been trying to hire a safety manager for one of his jobsites since last March. The LMO's that he has applied for have been for US workers that have experience and work for the same company he does, however they keep getting denied stating there are eligible Canadian workers, when in fact the people that are applying for the position are straight out of school with no construction experience.  And.... it isn't due to a salary issue because his company pays very well and has great benefits.

IMO the LMO process is there to protect Canadians, why wouldn't it be?

[sharonkay]

I totally understand that the process is in place to protect Canadian workers and agree that it is necessary, however in my husband's situation there is a need to hire workers from outside of Canada which is why there is a foreign worker program in the first place.

[job_seeker]

So your case would be a bit different from the foreign workers your husband is trying to get into Canada.

I totally understand that the process is in place to protect Canadian workers and agree that it is necessary, however in my husband's situation there is a need to hire workers from outside of Canada which is why there is a foreign worker program in the first place.

[sharonkay]

True, however my profession does fall in the skilled worker category as well and when we moved here the spouse's of skilled workers were allowed to work. It is not right to change the rules after people move here and buy homes and make a life, etc.

[Baloo]

True, however my profession does fall in the skilled worker category as well and when we moved here the spouse's of skilled workers were allowed to work. It is not right to change the rules after people move here and buy homes and make a life, etc.

Was it the case that the rules changed or it is your husbands status that changed, obviously that new status has conditions and benefits.
In general we accept the rules, laws and conditions of Canada, if not why would we immigrate?

[sharonkay]

First of all I did not come to this forum to argue, but one would think that my husband becoming a citizen would have made my situation easier not more complicated and while my situation is a bit different than the norm there are still MANY people already working in Canada that suddenly need an LMO where they didn't before, so apparently the rules have changed.

[Baloo]

First of all I did not come to this forum to argue, but one would think that my husband becoming a citizen would have made my situation easier not more complicated and while my situation is a bit different than the norm there are still MANY people already working in Canada that suddenly need an LMO where they didn't before, so apparently the rules have changed.

No argument here, just discussion.
You are welcome to ignore any posts on the forum

Good luck with the PR application.