Recent Changes Regarding Labor Market Opinion Procedures, In-land Work Permit Renewals, and Implied Status
- Estados Unidos
- 10/06/2009
New Labor Market Opinions (LMOs) Restrictions
Due to the worldwide economic crisis and current recession, Canada’s Immigration Service has opted to apply restrictive policies with respect to Labor Market Opinions (LMOs). The following policy changes have taken place:
- All positions offered to foreign workers must be advertised for a period of two weeks to attract Canadian workers.
- Extensions/renewals of LMOs have been eliminated. Every LMO application is to be considered a new application requiring new advertising.
- Employers are asked to participate in a Monitoring Initiative. This initiative is currently voluntary, but likely to become mandatory. Under the initiative, employers agree to do the following:
- comply with the conditions of the LMO;
- advise Service Canada of changes in the company which affect employment conditions (e.g. labor disputes, shortened work hours, layoffs); and
- advise when a foreign worker leaves employment with the company
- In the province of Manitoba, all employers wishing to employ a foreign worker subject to an LMO must register with the government and obtain a license.
- Employers with existing expedited LMOs (i.e. preapprovals for certain positions) in BC and Alberta must now advertise prior to hiring someone under the E-LMO.
- The “Occupations under Pressure” list in Alberta, which removed the advertising requirement for certain job positions, has been eliminated.
- LMOs generally are being granted for shorter durations than what is requested.
- The validity of LMOs has been shortened to six months. This means that the individual named in the LMO must apply for the work permit and enter Canada within six months of the date contained in the LMO.
In-land Work Permit Renewals
In-land work permit renewals are currently taking almost 100 days to be processed.
These delays, combined with the new rules regarding implied status, mean that employers should plan to renew employees’ work permits four months prior to their expiry.
Changes Regarding Implied Status
A person listed on a work permit, whose work permit has expired but who has submitted a work permit renewal application, can continue working in Canada under “implied status.” Previously, that person could also travel to the United States while in implied status and then return to Canada and continue working. This right to continue working upon return has been removed. A person who leaves Canada after the work permit has expired and while the renewal is pending, cannot, upon return to Canada, continue working. He/she reverts to visitor status until receiving the work permit renewal.
Thanks to our Network Partner in Canada for contributing this country migration report. Should you require further information, please do not hesitate in contacting the BAL Global Practice at GlobalVisaGroup@usabal.com
