NO LMO required to apply a work permit, if you are a Provincial Nominee

[yjcool1]

Hi there,

I recently found something on CIC website that I think it is quite useful to share with people have similar situation as me.

I hold PGWP expiring in May 2012 and I'm applying a LMO through my employer because I need to apply a new work permit. But I just found out that I may not need to apply for a LMO, because of this:

********Working temporarily in Canada: Jobs that require a work permit but no labour market opinion*******
*********Workers nominated by a province for permanent residence
A person who has been nominated by a province for permanent residence and has a job offer from an employer based in that province.********

I applied my permanent resident through Provincial Nominee Alberta and it is approved, so I can apply my new work permit directly without applying LMO first, according to this rule. (((((w3.cic.gc.ca/english/work/apply-who-permit.asp)))))

I'm almost 100% sure it is true, can someone please comment on this?

thanks
Jay

 

[ethels]

Correct. But you will be required to produce a "job support letter" from the province which issued you PNP (see below for details). This would mean that you need to be a nominee for employer driven PNP stream (i.e International student with job offer stream, NOT master student stream). If you are applying under master student stream, the province will not issue you a job support letter.


SOURCE: FW 1 MANUAL - CIC http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

PAGE 58

2. Foreign Worker Nominated by a Province or Territory (PNP)
A person who has been nominated by a province or territory for permanent residence and is
employed or has a job offer from an employer based in that province may be issued a work permit
without requiring an LMO.
In order for this provision to be applied, the application for the work permit must include a letter
from the provincial or territorial government that confirms:
 that the foreign national has been nominated for permanent residence by the province.
 that the nominated individual is urgently required by the provincial-based employer who has
made the foreign national a job offer.
The duration of the work permit should be equivalent to the duration of the job offer.

 

[yjcool1]

Thanks ethels for your insight. You are very experienced on this.

So the letter from the Alberta Province is the key here to trigger the LMO exemption. But my question is that how could I go to ask the Alberta PNP office to issue such a letter? Will it be a difficult process?

thanks so much
Jay

 

[ethels]

Basically this is what you need to find out:

1. What stream did you apply under PNP? is it employment/employer driven stream? (i.e intl student with job offer) .. if yes:

2. Have you seen this letter with your certificate? For me it was included with the nomination certificate (International student with job offer - Ontario)

3. If yes to both but still no letter: contact them and ask for it. I don't think its going to take long and tell them that your work permit is expiring soon and they need to issue the letter asap.

 

[yjcool1]

Basically this is what you need to find out:

1. What stream did you apply under PNP? is it employment/employer driven stream? (i.e intl student with job offer) .. if yes:

2. Have you seen this letter with your certificate? For me it was included with the nomination certificate (International student with job offer - Ontario)

3. If yes to both but still no letter: contact them and ask for it. I don't think its going to take long and tell them that your work permit is expiring soon and they need to issue the letter asap.

Cool, that is clear. I received case number on Mar 6, 2012 and it usually takes a month for the nomination to be approved. So I'll wait for the certificate and see if there is any such letter attached. I applied under employer driven stream as an international graduate.

Thanks for your comments ethels!!