Work Permit without LMO (Advice)

[Eddy070]

Are there certain jobs that do not require an employer to apply for LMO for the employee?

Can someone apply for Work Permit with just a offer letter (Contract of employment)
Bcos my brother in-law has an employer who is willing to hire him for a job  but hes not sure if he can get a Work Permit.

Any Advice will be very much Appreciated.... 

Waiting! Waiting!! Waiting!!!

[Leon]

There are some jobs that don't require a work permit, see http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

You also do not need an LMO if you are a US or Mexican citizen and fall under NAFTA.  There used to be an LMO exemption for some IT workers but that is no more.

The employer should try to apply for an LMO.  If it is refused, he can use a job offer to sponsor the guy directly for PR through the provincial nominee program in that province.  It will take longer so maybe the employer does not want to do that but it is an option.

[Eddy070]

Thanks Leon for the reply.


He is from Ecuador has temporary resident visa so hes not from either US nor Mexico
He has a job offer as a Farm Worker but he want to change from  temporary resident visa to Work Visa
so he can start working for the employer but not sure if he will need Positive LMO for hes Work permit to be approved...

More Advice Pls..........

[Leon]

A farm worker is a low skill occupation so he would not have the option of getting sponsored directly for PR under PNP.  He will definitely need an LMO in order to be able to apply for a work permit.  He will also not be able to get a PR through this job later if he wants to stay.

[scylla]

He needs a positive LMO first and then needs to apply for and be approved for a work permit.

He can't start working until he has the approved work permit.

[Eddy070]

Your points are well understood now...

Thanks for the response...I really appreciate.

[mcgyver]

Hi Leon,

LMO exemption still holds for certain IT workers who wish to work in Quebec and BC. Upon the request made by Quebec and BC, the extemption period was extended till Sep 30, 2011. For Quebec, it remains as LMO-free as before whereas for BC one or two Gov't bodies have to be notified. Below is a link to the OP manual for details.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob225C.asp

[dreamiinn]

There is one more type, idf employer apply for Intra company transferee and they needs to show companies on both side having comon ownership and your brother in law should hold a hire level position in it.

[risky]

what about a chef . . does it falls in low professional catageory . . and what is the situation of chefs in  ontario . . r they easily available or always short . . thnx

[GoldenArm]

what about a chef . . does it falls in low professional catageory . . and what is the situation of chefs in  ontario . . r they easily available or always short . . thnx

Chef is NOC category B.

As I understand it, it's best to assume that you'll need a LMO.

[skrishna]

Can you please inform me more about work permit visa, LMO and PR......Actually, I completed Masters and applied for some canadian industry or company and got approval from LMO....Then, I am elligible for work permit visa??

Also, after how many years I can file my PR?

Please help,,,,,

A farm worker is a low skill occupation so he would not have the option of getting sponsored directly for PR under PNP.  He will definitely need an LMO in order to be able to apply for a work permit.  He will also not be able to get a PR through this job later if he wants to stay.

[Leon]

If you study in Canada, you can get a post-grad work permit, open permit that allows you to work for any employer without an LMO.  If you don't have that or it has expired, you need an LMO in order to apply for a work permit.  It still does not guarantee that you will get one though.  You also have to prove that you will not overstay.

If you are working in Canada on a work permit, esp. as a skilled worker, you have several options to apply for your PR, for example sponsored by employer under PNP or though CEC after 2 years of work.