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Promotion having a LMO?

fvidania

Star Member
Jul 17, 2013
97
1
Hi all,
I have this situation. I got a raise today at my work, but they say they can't increase my salary due to my work permit. I want to know if that is true and if it isn't, where I can find information about it to show my company.

I'm under a 2year Work Permit they got for me after the required LMO.

Any thoughts?

Thanks
 

scylla

VIP Member
Jun 8, 2010
64,847
8,931
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If you want to be promoted to a new position, your employer almost always needs to obtain a new LMO and then you need to get a new work permit. You can't start the new role until you have the new work permit. So accepting the new role under your old work permit and starting that new role while on the old work permit is technically illegal and a violation of the conditions of your work permit.
 

Leon

VIP Member
Jun 13, 2008
21,962
1,260
Job Offer........
Pre-Assessed..
If they are suggesting that you take a promotion and take on more responsibilities for the same pay, you may want to remind them that according to your LMO and work permit, you are tied to the position you were hired for. In order to promote you, they must get a new LMO for the new position and salary and you would need a new work permit. That would be following the rules in detail.

However, there are no rules saying that they can't pay you more than the LMO says, they just can't pay you less, and what you do at your employers business is pretty hard for immigration to police so if they would like to unofficially promote you before you get the new LMO and work permit, you may be willing to shift your job duties but of course for the proper salary.