LMO renewal

[reservoirdog]

Hi all,
So this my situation: I got 2 years WP in May 2012. I am about to apply for PR through common-law with my fiancee, and we are getting married next May, when my WP will expire.
If I don't hear back from the CIC by May 2014, or if for any reason my application gets denied, I would need to extend my WP to keep working here.

Do I have to get my employer to apply for another LMO? Are there any differences from getting an LMO "from scratch"?
Also, how much in advance should I start to worry about extending my WP?

Thanks!
Rob

 

[amira_mais]

Hi, it’s probably a safe bet that if you plan to apply for spousal sponsorship in the near future, going through the London visa office, then you should be done in less than a year from now (May 2014).

But if not, and if your WP expires, then yes, you’ll need a new LMO and new WP. You may be aware of recent changes to the TFWP adding more rigour/oversight to the process – by the time your employer applies for a new LMO next year, an application fee will be required, additional questions as to why a Canadian could not be trained or hired for the job, and a requirement for a plan to show that the job will transition over to a Canadian in time. If your job doesn’t require special knowledge or skills, it could be tough for you to get that new LMO/WP.

But as I said, if you apply for the spousal PR soon and if the application is complete and well supported with evidence, the odds of getting it all done before May 2014 are in your favour.

 

[reservoirdog]

Thanks! I have to apply through Rome though, and I'm not too confident about their speed.

Would my employer still have to prove efforts in hiring a resident first? So there would be no differences from applying the first time, correct?
That's kind of odd!

 

[reservoirdog]

Also, is a new LMO mandatory? Are there any options to extend my WP without LMO?

 

[charmainefrances]

Also, is a new LMO mandatory? Are there any options to extend my WP without LMO?

It depends on the job you have... there are jobs that do not need an LMO...but in most cases you will need to apply for it.

if you are going to apply for PR through spousal sponsorship, I would suggest to still apply for a work permit under your employer before you WP expires.

REASON: It would be a red flag if you are running out of status and then you'll apply for a spousal sponsorship.
they might think that you are using this (spousal sponsorship) as a bridge to just stay in Canada.

BUT if you have like a straight forward case...

* SAME AGE
* nO DEPENDENTS
* SAME RELIGION
*SAME EDUCATION BACKGROUND

then go ahead...
but wait are you gonna apply INLAND or OUTLAND?

about the LMO question if your employer needs to advertise for the job for the Canadian / pR the answer is YES.

 

[amira_mais]

Thanks! I have to apply through Rome though, and I'm not too confident about their speed.

Would my employer still have to prove efforts in hiring a resident first? So there would be no differences from applying the first time, correct?
That's kind of odd!

Correct, the employer has to conduct recruitment efforts for the 2nd LMO as well. This is because the principle of allowing employers to hire from outside the country is predicated on the notion that Canadians must be given first consideration for any job opportunity.