Work Permit Expires Soon. Do you need to apply for a new LMO?

Is it necessary for an employer to apply for an LMO for someone who is already employed permanently?

One of our staff members’ work permit is expiring soon, and we’re not sure if we need to apply for another LMO for him in order to renew his work permit.

 

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First of all, when someone is on a work permit, it is never permanent. Work permits are always temporary and always have an expiry date. Also when issued an LMO (Labor Market Opinion) from Service Canada, that too has an expiry date. In most cases, the validity of a work permit and an LMO have the same expiry date. If this is the case, then your company will have to apply for a new LMO for this employee and once that is approved, then a new work permit.

 

You should note that there has been some recent changes to the LMO procedure. See our blog on the subject here.

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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