Labour Market Opinion (LMO) help !!!

[pptk703]

Hi Everyone,

I've searched all over the web but still don't know what I should do about getting a new work permit, and I'm hoping someone can help me here.

Here's my situation. I'm currently working in Toronto with the 3-year post graduate work permit, which will expire on September 10, 2011. CIC received my permanent residence application (common law sponsorship) on October 25th, 2010. I sent out my application WITHOUT OWP application. According to the current timeline, I will NOT get my AIP before my work permit expires, which means I will have to apply for a work permit in summer in order to continue working in Canada before AIP.

My question:
1. Does my employer still need to get LMO when I apply for work permit? (I'm employed permanent full time right now, my common law partner is a Canadian citizen for over 20 years)

2. What if I switch job right now and employed for a contract position through an agency and in fact the agency will be the one paying me, will the agency be the one who has to get LMO?

Thanks in advance for the help !

[Patricksgirls]

From what I understand the employer has to get a LMO approval before they can hire you. I am not sure about what your current employer would need to do to keep you employed but I would ask human resources. I don't think a contract agency would even really qualify for a LMO as it would not be seen as a permanent position.

[leroadrunner]

Did you apply inland or outland? If you applied for your PR Inland, the first part which usually take 9-10 months should be completed in time. And you will then be allowed to work.

If you applied outland, I would still apply for a work extension to at least try. More senior members probably know better what to do in this case.

Cheers!

[Kaycee1]

Your employer will have to re-advertise and get a new LMO. Or if you find work with someone else, they will also need to get an LMO. Your employer has to prove that they can't find a Canadian to fill the position to be allowed to hire you.

[rjessome]

Hi Everyone,

I've searched all over the web but still don't know what I should do about getting a new work permit, and I'm hoping someone can help me here.

Here's my situation. I'm currently working in Toronto with the 3-year post graduate work permit, which will expire on September 10, 2011. CIC received my permanent residence application (common law sponsorship) on October 25th, 2010. I sent out my application WITHOUT OWP application. According to the current timeline, I will NOT get my AIP before my work permit expires, which means I will have to apply for a work permit in summer in order to continue working in Canada before AIP.

My question:
1. Does my employer still need to get LMO when I apply for work permit? (I'm employed permanent full time right now, my common law partner is a Canadian citizen for over 20 years)

2. What if I switch job right now and employed for a contract position through an agency and in fact the agency will be the one paying me, will the agency be the one who has to get LMO?

Thanks in advance for the help !

When/if you get AIP, you can then apply for an OWP.  You may get it before your current WP expires by my calculations.  If you do and apply for the OWP, that will keep you on implied status and remain able to work.  Bit of a grey area as PGWPs are not extendible but I have seen this work and CIC doesn't seem to mind.... so far anyway.

1.  If no AIP then yes, the employer needs to apply for an LMO.

2.  No.  Employment agencies are not eligible to apply for LMOs to outsource contract workers.

[pptk703]

Thanks all for the quick response.

I applied inland. Best scenario is of course getting AIP before September 10, 2011, but I'm counting 10 months plus some delays, which leads to passing the expiry date, that's why I'm having such a big concern now.

Let's say if I do get AIP before work permit expires, I can apply for OWP without employer involved, correct? Another situation, what if I don't get anything, can I go out of Canada and come back as a visitor? (My nationality is Taiwan and I can stay in Canada as a visitor without a visa for 6 months)