I am on an LMO but was terminated from Work. What happens to my Work Permit?
Hello. I was laid off from a construction firm early this year and I am on an LMO. Instead of going back home I stayed in Canada to find some work. Now my work permit is expired. I applied for a 90-days restoration of status to stay in Canada while waiting for a new job but my LMO will expire this week.
These are my questions
1. Can I renew my work visa in Canada?
2. Can I file another restoration to stay while waiting for a new job?
3. What are possible solutions I can follow to remain in Canada?
Thank you sir!!
If you are on a work permit based on a positive LMO (Labor Market Opinion) from Service Canada, then both your LMO and Work Permit cease to be valid. You should have applied for a change in status to a temporary resident if this happens. If you wait until after your work permit expires, then you can apply for a restoration of your status within 90 days of the expiry date. Since you did that, you can stay in Canada until a final decision is made. Given you were laid off from your job you can not apply for a renewal of your work permit but rather a new one once you find a new job. But first your new employer must apply for a new LMO.
During all this time, make sure you are in valid status in Canada as a temporary resident.
*The LMO was renamed to the LMIA (Labour Market Impact Assessment) in 2014.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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