Can I Qualify for an LMO Exemption?

[LeeseePieces]

Hi all,

I am an American citizen who was on a 6 month BUNAC work permit in Vancouver. During that time, I worked as a film/tv background performer for an agency. During this time, I was upgraded from an extra to an actor on a feature film and received my first credit. Working holiday visas cannot get an extension, so I returned to the States after my permit expired. Due to my getting a higher wage since receiving my credit (going from 10/hr to 20/hr) and my good relationship with my agents, they want me to come back.

I have researched all ways of coming back to Vancouver and can only come up with applying for a TWP. However, I need an LMO, and due to the non-traditional employer-employee relationship of agencies (agents aren't considered employers), cannot have my agents file the LMO. However, background is considered 'work' according to the definition on the CIC page, has an income tax, has full-time hours, etc. My being a part of agency's roster also doesn't hurt the chances of Canadian employees since there is no limit to the amount of people that a background agency can have on their roster, Canadian or otherwise. I was and would be bringing in a great deal of money to my agency for I was constantly working and being upgraded is very rare. I cannot apply as a FSW or for PR because I do not meet the qualifications for either.

Is it possible that if a detailed explanation for why my work should be LMO exempt is submitted to the Vancouver Temporary Foreign Worker Unit (for the reasons stated above and more) along with a letter from my agency with all the necessary details (emphasis on how much money I bring in) that I could be given an exemption? Not returning is not an option.

 

[rjessome]

Hi all,

I am an American citizen who was on a 6 month BUNAC work permit in Vancouver. During that time, I worked as a film/tv background performer for an agency. During this time, I was upgraded from an extra to an actor on a feature film and received my first credit. Working holiday visas cannot get an extension, so I returned to the States after my permit expired. Due to my getting a higher wage since receiving my credit (going from 10/hr to 20/hr) and my good relationship with my agents, they want me to come back.

I have researched all ways of coming back to Vancouver and can only come up with applying for a TWP. However, I need an LMO, and due to the non-traditional employer-employee relationship of agencies (agents aren't considered employers), cannot have my agents file the LMO. However, background is considered 'work' according to the definition on the CIC page, has an income tax, has full-time hours, etc. My being a part of agency's roster also doesn't hurt the chances of Canadian employees since there is no limit to the amount of people that a background agency can have on their roster, Canadian or otherwise. I was and would be bringing in a great deal of money to my agency for I was constantly working and being upgraded is very rare. I cannot apply as a FSW or for PR because I do not meet the qualifications for either.

Is it possible that if a detailed explanation for why my work should be LMO exempt is submitted to the Vancouver Temporary Foreign Worker Unit (for the reasons stated above and more) along with a letter from my agency with all the necessary details (emphasis on how much money I bring in) that I could be given an exemption? Not returning is not an option.

It would depend upon whether or not you have actually been hired for a part. Read the following links:

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/entertainment.shtml
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/entertexem.shtml

But if you want to come here because you may "potentially" have acting opportunities, then no, you would not qualify for an LMO exemption.

 

[LeeseePieces]

First off, thank you for the links.

I read them, and while they're good, applying for an LMO is not possible for an agent. Unless I get someone in the film union to fill them out, getting an LMO is impossible. One thing I noticed is that one thing that requires a work permit but not an LMO is acotrs and workers working on anything (film or TV) that is co-produced by another country and Canada. Most of the productions in Vancouver are American shows, but are filmed up in Canada for tax cuts. Could I use this as a reason for not having to get an LMO and just going straight for the work permit? I don't wish to work in any other occupation other than background.

I have a copy of the contract that I received from getting my credit. Also, since receiving it, I am part of the union as an 'apprentice' (someone who has less than 3 credits). Since I was hired for that part, is it possible that I can use that as proof that I am a valuable commodity in the industry, especially since getting an upgrade is so rare?

One answer I have gotten is that I have to file for a new work permit every time I work on a set. Thing is, because I'm in background, I work constantly, and getting a permit for every time I work is ludicrous. I am looking to have something that can be used solely for what I do. I do not wish to return because of potential acting talent. I want to continue rendering a service. Despite being a great deal of people being in this particular field of the film industry, there are very few who are fluent in reading/speaking/writing English, and are highly desirable as a result. I got a lot of work mostly because of this.

There has to be some kind of way to get back up, and not only because I wish to return, but also because my agents desire it as well.

 

[JGK]

http://www.cic.gc.ca/english/work/apply-who-permit.asp

 

[LeeseePieces]

Thank you for the link. I noticed that the only occupation that is listed under the 'specific occupations' clause is 'long haul truck driver'. Is that the only thing that is allowed underneath this category? May be a dumb question, but would like to get it out of the way.

Also, other than BUNAC (to which I cannot apply again because I'm American), does anyone know of any other work exchange programs I could apply to? I have researched this possibility but could only find ones for people in the Commonwealth.

 

[rjessome]

I'm sorry but you just don't qualify for an exemption unless under the circumstances already outlined in the links. The bright side is that if you get a job offer that is exempt from the LMO, you only need to go to the border to get your work permit. If you do need an LMO and an employer gets one for you, you just take that to the border to get the work permit. There is no other way.

 

[JGK]

Thank you for the link. I noticed that the only occupation that is listed under the 'specific occupations' clause is 'long haul truck driver'. Is that the only thing that is allowed underneath this category? May be a dumb question, but would like to get it out of the way.

Currently yes and then only if you are being employed in Alberta.