Current employer is refusing LMO for transfer

[samahoney87]

Hello!
I'm currently working for an American company and trying to transfer to a location in Canada. I've spoken with the corporate office for my company and they have informed me that they cannot move forward with the transfer until I've established work eligibility (i.e. work permit). However, I'm not able to apply for a work permit until my employer has submitted a LMO application. I've told my corporate office this and they continue to give me the go around saying they cannot help until I have a permit. I know without the LMO I cannot get a work permit though, but they insist that people successfully transfer all the time. Has anyone else had experience with situations like this? This is my last try at getting this figured out, so any suggestions or advice is welcome. Thanks

 

[Leon]

There is a handful of computer occupations that have not required an LMO to get a work permit, just a job offer but this program is closing on Sept. 30th. You can read about that here.

You also do not need an LMO to get a NAFTA work permit if you work in a NAFTA occupation, see http://www.canadavisa.com/nafta-temporary-work-permit-canada.html

Other than that, you are right, the employer would have to apply for an LMO for you for you to be able to apply for a permit.

 

[samahoney87]

Seeing as my occupation is a key part in the situation, I work as a supervisor for a major corporate company in the the food/retail industry if you will. I'm not sure what categories that occupation falls under. Thanks for the link though!

 

[Leon]

Maybe they don't want to transfer you because they need you where you are.

 

[samahoney87]

Whether or not they transfer me, I'll be leaving this location in October. So I hope that's not the case.

 

[jes_ON]

Sama - are you sure you need an LMO? Why do you not qualify for an LMO exemption as an intra-company tranferee?

Read the section on intra-company transferees beginning on p. 52 of the FW1 manual (click on the link at the bottom that says NAFTA Appendix G - it's mislabeled, the whole FW1 manual is there including Appendix G).

http://www.cic.gc.ca/english/work/special-business.asp

 

[PMM]

Hi

Sama - are you sure you need an LMO? Why do you not qualify for an LMO exemption as an intra-company tranferee?

Read the section on intra-company transferees beginning on p. 52 of the FW1 manual (click on the link at the bottom that says NAFTA Appendix G - it's mislabeled, the whole FW1 manual is there including Appendix G).

http://www.cic.gc.ca/english/work/special-business.asp

1. Except the OP employer is not willing to transfer him or apply for an LMO.
2. The Intra-company transfer is only for the following classes of employee

are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity

 

[samahoney87]

Jes_ON -
That's actually very helpful advice. I believe I fall into that category so long as my supervisor position fits the bill. When applying though, what kind of documents do you think they would want to prove I'm an intra-company transfer? I think it's at least worth a try, thanks so much.

 

[Leon]

At the very least you would need a letter from your employer stating that they are transferring you and what your position is.