Complex LMO question: currently working for an employer and needs LMO from him!

[sam4187]

Hi,

I am a dependent of my spouse who is a student. I have a workpermit based on his study permit. I am right now working in a company as a software engineer. Now, I think my company should be alright with sponsoring my LMO as I need LMO because my spouse needs to give up his studies due to some situation. But I have read on the CIC that the employer needs to file for a LMO before company hires the worker while I am already working in the company because of my spouse based work permit. Due you guys think that my company still should be able to file for LMO no matter what I am already working in the company. We can definately say that my workpermit will expire as soon as my spouse will give up his studies but it still wont be applying before hiring though. Experts please give us guidance! Thank you for your help and support!

 

[PMM]

Hi

Hi,

I am a dependent of my spouse who is a student. I have a workpermit based on his study permit. I am right now working in a company as a software engineer. Now, I think my company should be alright with sponsoring my LMO as I need LMO because my spouse needs to give up his studies due to some situation. But I have read on the CIC that the employer needs to file for a LMO before company hires the worker while I am already working in the company because of my spouse based work permit. Due you guys think that my company still should be able to file for LMO no matter what I am already working in the company. We can definately say that my workpermit will expire as soon as my spouse will give up his studies but it still wont be applying before hiring though. Experts please give us guidance! Thank you for your help and support!

1. Yes the company can submit a LMO while you are working for them. But they still have to advertise on the job bank and 2 other sources for 4 weeks before they can apply. Still have to demonstrate that no PR/CCs available for the job.

 

[tiagodj]

If you work in a branch of a company in another country for over 1 year, you can apply for a work permit without the need of a LMO. It's an internal transfer.

How long have you been working for this company? Maybe, if it's over 1 year, you can apply using the same rule. You'd need to call Service Canada/CIC to check that.

 

[PMM]

Hi

If you work in a branch of a company in another country for over 1 year, you can apply for a work permit without the need of a LMO. It's an internal transfer.

How long have you been working for this company? Maybe, if it's over 1 year, you can apply using the same rule. You'd need to call Service Canada/CIC to check that.

Not quite that easy. Inter company transferee

Intra-company transferees may apply for work permits under the general provision if they:
 are currently employed by a multi-national company and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise;
 are transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed, and will be undertaking employment at a legitimate and
continuing establishment of that company (where 18-24 months can be used as a reasonable minimum guideline);
 are being transferred to a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
 have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer him or her, outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application.

 

[RiSoliman]

Hi




Not quite that easy. Inter company transferee

Intra-company transferees may apply for work permits under the general provision if they:
 are currently employed by a multi-national company and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise;
 are transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed, and will be undertaking employment at a legitimate and
continuing establishment of that company (where 18-24 months can be used as a reasonable minimum guideline);
 are being transferred to a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
 have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer him or her, outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application.

Can you please clarify this point for me?

are transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed, and will be undertaking employment at a legitimate and
continuing establishment of that company (where 18-24 months can be used as a reasonable minimum guideline);

What do they mean by this duration of 18-24 months? is it for the work permit duration or the establishment should've at least been in the market in Canada for this period?

Thank you