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Work Permit expiring, applying for new LMO, four year limit?

pdo

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Feb 14, 2010
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I have a work permit that is expiring in two months. It's an extension of an original work permit that was issued a little over three years ago. I've applied for PR status and won't receive notice on it before the end of the year. Naturally, I'd like to continue living here and working my job, as would my employer. They are writing a letter HRSDC to get a new LMO, which they've done before, but I had a couple of questions and concerns.

I remember hearing that renewals were getting stricter and there was a four year limit on renewals? Is there a specific notice or renewed guidelines about this that someone can recommend? When my current permit expires, I will have only worked in Canada for three and a half years. Is it worth mentioning in the LMO that I have filed for PR status and that this LMO/work permit extension is just to cover the time until that decision comes back?

thanks.
 

lovely20

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Mar 31, 2011
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pdo said:
I have a work permit that is expiring in two months. It's an extension of an original work permit that was issued a little over three years ago. I've applied for PR status and won't receive notice on it before the end of the year. Naturally, I'd like to continue living here and working my job, as would my employer. They are writing a letter HRSDC to get a new LMO, which they've done before, but I had a couple of questions and concerns.

I remember hearing that renewals were getting stricter and there was a four year limit on renewals? Is there a specific notice or renewed guidelines about this that someone can recommend? When my current permit expires, I will have only worked in Canada for three and a half years. Is it worth mentioning in the LMO that I have filed for PR status and that this LMO/work permit extension is just to cover the time until that decision comes back?

thanks.

Here's the link to the guidelines for the TWP effective April 1, 2011.

http://www.cic.gc.ca/english/work/tfw.asp
 

rjessome

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Feb 24, 2009
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The four year limit started April 2011. It doesn't include the work in Canada before it came into force.
 

pdo

Star Member
Feb 14, 2010
104
18
Category........
Visa Office......
Buffalo (transferred to Ottawa CPP-O)
Job Offer........
Pre-Assessed..
App. Filed.......
04-11-2011
AOR Received.
02-02-2012
File Transfer...
02-02-2011
Med's Request
27-02-2012
Med's Done....
07-03-2012
Interview........
waived
Passport Req..
23-04-2012
VISA ISSUED...
05-06-2012
LANDED..........
28-06-2012
rjessome said:
The four year limit started April 2011. It doesn't include the work in Canada before it came into force.
Really?! wow! that's definitely good news. I think I would likely be exempt anyways as being in a managerial/professional position, but this is a good piece of mind.

So back to another question, is it advisable to state in our LMO letter to HRSDC that I have filed a PR application? or does that just complicate things? Essentially, my work is worried about the new guidelines coming into effect and want to ensure the LMO gets renewed for one more term, until my PR status comes through. I thought it might look good to state clearly that I have a pending PR application, but they are worried that could effect the LMO decision negatively. Does anyone have any experience with this?
 

rjessome

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Feb 24, 2009
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pdo said:
So back to another question, is it advisable to state in our LMO letter to HRSDC that I have filed a PR application? or does that just complicate things? Essentially, my work is worried about the new guidelines coming into effect and want to ensure the LMO gets renewed for one more term, until my PR status comes through. I thought it might look good to state clearly that I have a pending PR application, but they are worried that could effect the LMO decision negatively. Does anyone have any experience with this?
It won't make a difference. The LMO is not about the worker. It's about the Canadian Labour Market and the employer's need for a foreign worker. So it won't hurt or help the application UNLESS the LMO is for a foreign worker just coming off a post-grad work permit. It doesn't sound like you are on a PGWP so it won't make a difference.
 

pdo

Star Member
Feb 14, 2010
104
18
Category........
Visa Office......
Buffalo (transferred to Ottawa CPP-O)
Job Offer........
Pre-Assessed..
App. Filed.......
04-11-2011
AOR Received.
02-02-2012
File Transfer...
02-02-2011
Med's Request
27-02-2012
Med's Done....
07-03-2012
Interview........
waived
Passport Req..
23-04-2012
VISA ISSUED...
05-06-2012
LANDED..........
28-06-2012
in this case, I am guessing its probably better NOT to mention the CEC PR application? there's a section of their application which asks, "temporary with intent to permanent" and were we to answer that question "no" then also mention that I have a pending PR application, it might look fishy.
 

pdo

Star Member
Feb 14, 2010
104
18
Category........
Visa Office......
Buffalo (transferred to Ottawa CPP-O)
Job Offer........
Pre-Assessed..
App. Filed.......
04-11-2011
AOR Received.
02-02-2012
File Transfer...
02-02-2011
Med's Request
27-02-2012
Med's Done....
07-03-2012
Interview........
waived
Passport Req..
23-04-2012
VISA ISSUED...
05-06-2012
LANDED..........
28-06-2012
i don't have a PGWP, just a standard TFW work permit. we're getting ready to file the LMO with HRSDC and we're a bit concerned specifically about the area in which they ask if the position is meant to be temp to permanent. I'm just applying for PR status now, through CEC, but my WP expires soon, so my employers are filing for an extension and another LMO. So, in a sense, the job is temp to permanent as by the time my expected next renewal expires, I'll likely have my PR status. But based on our understanding and knowledge of the LMO process, it seems like it is better to NOT announce the intention of the job becoming permanent. Thus, we're just trying to sort out how much to disclose in the letter and application to HRSDC for the LMO decision.