Change in position

[expat2013]

Hello,

I have a work visa valid until April 2014.
At the beginning of my employment with my current employer, my position was a semi-skilled occupation. Since January, my position changed and now I am working in a skilled occupation. My employment contract remained the same, my LMO as well. Is this legal?
If my employer wishes to extend my employment and renew my work visa, they need to apply for a new LMO. The new LMO should be for the position I actually work as?
Thank you.

 

[marsiangal]

Hey I read your other post too about your common law partner.

If you are on a closed work permit, and you change occupations the employer has to get you a new LMO and get a new work permit,(That why it is illegal to NOT follow the conditions in the work permit.) Thus the application to change conditions or extend stay in Canada as a worker.

And yes the new LMO should be for the position you actually work as.
Now given the situation, your common law partner unfortunately will not be able to apply for an OWP until you get the actually skilled work permit.

Although I can say that it is acceptable that you hold the current work permit until the new one comes even if you are already promoted.

 

[expat2013]

Thanks for the reply, bit confusing, but I guess the idea is that is no problem to change positions while I am on a strict work permit (which says "not perform another job, no training no etc."). As for my common-law, I understood - she cannot apply unless I have a new LMO or work permit for a skilled position.

 

[expat2013]

Hello,

Can you please explain this again:
"If you are on a closed work permit, and you change occupations the employer has to get you a new LMO and get a new work permit,(That why it is illegal to NOT follow the conditions in the work permit.) Thus the application to change conditions or extend stay in Canada as a worker. "

My actual work permit says I cannot work for another employer, I cannot perform any training, I cannot perform any other job that the one specifically stated in the work permit. So how this goes with my promotion?

Thanks a lot!

 

[marsiangal]

Like I said in the last part of my statement, It is acceptable to hold the current work permit until the new work permit comes. BUT it has to be done asap.

For example in my previous experience, I was a low skilled worker then got promoted to a supervisor.So that is skilled. I had to wait for about 6 months to get the skilled work permit (From LMO to new permit.). But the employer processed it right away after I get promoted.

Hope that clears stuff up.

 

[expat2013]

Thanks a lot, sure help!