Nafta exemptions for LMO - clarification on "Librarian" category

[jhw]

Both my husband and I applied for permanent residency in February 2011, on Post Graduate Work Permits. Our permits expire in May, so we need to begin applying for new work permits in case we do not hear back soon.

My husband works as an Archivist. Under the NAFTA exemptions, Librarians do not need Labour Market Opinions to apply for work permits. I wondered if this extends to Archivists.
Under the NOC job classification, Librarians, Archivists, Curators and Conservators are all under the same category- 511, and they are lumped as "Librarians." So in this case, would the NAFTA exemption apply to him?

Does anyone know? My employer told us to try applying for a work permit at the border without the LMO and see if it is approved. But I don't want to do that if it will negatively affect our application. So before we resort to that, I wondered if anyone knows the answer.
Any help would be much appreciated.

Thanks
Jessica

 

[PMM]

Hi

Both my husband and I applied for permanent residency in February 2011, on Post Graduate Work Permits. Our permits expire in May, so we need to begin applying for new work permits in case we do not hear back soon.

My husband works as an Archivist. Under the NAFTA exemptions, Librarians do not need Labour Market Opinions to apply for work permits. I wondered if this extends to Archivists.
Under the NOC job classification, Librarians, Archivists, Curators and Conservators are all under the same category- 511, and they are lumped as "Librarians." So in this case, would the NAFTA exemption apply to him?

Does anyone know? My employer told us to try applying for a work permit at the border without the LMO and see if it is approved. But I don't want to do that if it will negatively affect our application. So before we resort to that, I wondered if anyone knows the answer.
Any help would be much appreciated.

Thanks
Jessica

You have to read the full NOC. Archivist is 5113 and Librarian is 5111 2 different descriptions.

 

[jhw]

Not the answer I had hoped for.
I guess at this point we can apply for our LMO's (10-12 weeks processing) and hope they return in time to apply for a new work permit before our current ones expire.
Thanks anyway,
Jessica

 

[jhw]

Actually - does this mean only one of us could apply for an LMO and the other could get a spousal open work permit that would not require an LMO?
Or is it best for both of us to get LMOs and work permits on our own?
Thanks in advance,
Jessica

 

[PMM]

Hi

Actually - does this mean only one of us could apply for an LMO and the other could get a spousal open work permit that would not require an LMO?
Or is it best for both of us to get LMOs and work permits on our own?
Thanks in advance,
Jessica

Double your chances, have both employers apply for LMOs. If only one comes through, then the other applies for a SOWP. The same thing if both come through. No law says you have to use an LMO, if you can obtain a SOWP on the back of the approved work permit for the other partner.