US & Canada Immigration News

Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and immigration options.

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.

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

Vote for Our Blog! Our blog has been nominated for Best Legal Blog of 2017 by The Expert Institute.

36 thoughts on “I am on an LMO but was terminated from Work. What happens to my Work Permit?

  1. Aaron

    Hello,

    I am currently employed on a LMIA, but my employer has not had work for me for the last month. I am struggling now to pay bills and i am so worried about what to do. I have a gf here and a whole new life. I have 362 points and am currently waiting in the pool for my PR, can i work for another company while i am out of work? The stress is unbearable

    Thank you

    Reply
    1. Immigration Lawyers

      Hi Aaron,

      I’m sorry to hear that you are not able to pay your bills. Unfortunately, we don’t offer any free legal services. If you are in Canada on a work visa I recommend contacting the Canadian government on getting a different job that will be able to pay your bills.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. thalia

    hi. i am under the live-in caregiver program, my working permit will be expired on February 2019. I plan to quit my job since i got married here in Canada and plans to stay with my husband. We will going to apply under the spousal sponsorship and at the same time we will apply my open work permit. What I am gonna do to quit my job as a live-in caregiver? will my employer will have the right to stop me from quitting job? do i need to apply for a new employer or i can just wait for my open work permit? can i stay in Canada even if i already quit my job? thank u

    Reply
    1. Rachel

      Hi Thalia,

      Thank you for contacting us at VisaPlace! We would have to take a closer look at your case to help guide you through the sponsorship and work permit application processes. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Sunny Daniels

    Hello
    I have a question please.
    I am an Indian on a LMIA which is valid till 2019.
    I have been issued an ITA under the PNP and am in the process for applying for the same within the 90 days period ; just awaiting a FBI clearance (Police Clearance) for my stay in the US.
    My employer is not very happy with me and the feeling is mutual. Can he terminate my employment, which I will be really happy if he does so; and if that coincides with my submitting application for PR based on the ITA, can I then apply for a bridging visa/open work permit on the same date of submitting application for PR and continue to remain in Canada.
    Thanks.

    Reply
    1. Immigration Lawyers

      Hi Sunny,
      Thank you for your inquiry, I’m glad you contacted us! I’m sorry to hear about your dissatisfactory with your current employer. There may be a way for you to ensure your stay in America without your company’s sponsor. I do need to take a closer look at your case. Hiring an immigration lawyer will help you get answers to all of your questions plus it will also increase the chance of approval of the visa you are inquiring. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  4. Jose

    Hi,
    I am facing a mix of different situations, I have a work permit until march 2018 but I am lay off for work shortage since last november 2016, in october 2016 I applied for PR under skilled trades as I am carpenter and was approved to apply under express entry back then I had a valid job offer from my employer and I was sending documents and what the officer is been requesting and now I don’t know If will affect the fact that I am unemployed for my PR ??, a inmigration consultant sugested me that I could apply for an open work permit while I wait for the response for my PR so I submited the application for open work permit. But now I have a job offer from a different employer who can give me a new LMIA now I’m not sure if can I withdraw my application for the open work permit and then submit another application for the new work permit ??

    Reply
    1. Muga Rajbhandari

      Hello Jose. We will need to know more about the details of your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. Alice

    Hi,
    My husband has been dismissed from his work on a close work permit. Can you please advise if my application for spouse open work permit will be affected? I am still waiting for my visa. And if I receive the visa in my passport, will I get any problem at the airport?
    Waiting for your response.
    Thank you.

    Reply
    1. Muga Rajbhandari

      Hello Alice. It sounds like you are a Canadian citizen or a PR. Your husband must have valid status in Canada while he is in Canada waiting for your Inland application to be processed. The application for an open work permit should not be affected by the closed work permit. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. Patrick

    I am on a work visa that is occupation and location specific however it does not state my employer. Basically my employer has been saying that they are going to fire me and I am wondering if I can get another job in the same location doing the same job for a different employer? I am also wondering if the new employer would have to apply for a new LMO before I can work for them?

    Reply
    1. Vahe Mirzoyan

      Hello Patrick. Your work visa is for a specific employer for a specific occupation and a specific location. You cannot use it to work for another employer who does the same type of business. The new employer would have to apply for a new LMO before yu can work for them.
      Regards, Vahe

      Reply
      1. Felicia

        Hello Vahe
        My husband has been dismissed from his work on a close work permit. and i have already received my visa for an open work permit in my passport.i would like to know if i will get any problem at the airport when the immigration officer will come to know that my husband is not working with this company anymore

        Waiting for your response.
        Thank you.

        Reply
        1. Muga Rajbhandari

          Hello Felicia. Thank you for writing to us. If your husband becomes out of status, that may become a big problem. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
          Regards, Muga

          Reply
  7. Nadine

    Hello,

    I am on an employer specific LMIA which is valid till 2017.
    Is it right, that if I get terminated my Work Permit and LMIA becomes invalid. (Which makes sense) But does that mean that I will have to leave Canada. Even if I wouldn`t work for the remaining time?
    I read somewhere that it would be possible for my employer to tempoarily lay me off for 59 days, is that true? And how does that work?
    Thanks for info.

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Nadine. If in the case that you get terminated, you will not have to leave Canada until your status expires at the end of your work permit in 2017, but you will not be able to work during that period under the conditions of your first LMIA and work permit. If you lose your job, you can immediately to try to find a new job that will require a new LMIA and a new work permit. As far as I know, there is no such thing as a 59 day layoff period.
      Best of luck, Vahe

      Reply
      1. Nadine

        Thank you for your answer, Vahe.
        That helped me a lot.
        Another question: Would I be able / allowed to apply for an open work permit, while still working with my LMIA WP and change jobs as soon as I got the Open Work Permit?
        What would happen if the Open Work Permit gets rejected, would my “LMIA WP” void automatically?
        Thanks again.

        Reply
        1. Vahe Mirzoyan

          Hi Nadine. Thanks for writing back. The rules for Work permits, including Open Work permits, can be complex. Have you considered applying for permanent residency so that all your work permit worries go away? What I am going to suggest is that you make an appointment to speak with one of our immigration specialists who will be able to look at your overall picture and plan a strategy that has permanent status as its goal. You can call us to make an appointment at 1-855-886-8472 or go online at http://goo.gl/JFZqPm
          Regards, Vahe

          Reply
  8. Disiree

    Hello guys,
    My situation is like this. I got laid off last week, and now i applied for EI i got valid LMIA and expecting work permit this febuary. My question is, is there any chance i can process for open work permit so that i can work or if not for those months of unemployed can i used to extend my work permit once i find a new employer?
    Thank you

    Reply
    1. Vahe Mirzoyan

      Hello Disiree. No, you cannot change your status to an open work permit. You will have to wait until you get your new work permit for your new LMIA. Hopefully that happens very soon.
      Regards, Vahe

      Reply
  9. Lumi

    I am in two years contract with LMO expires August 2015, and my company fired me for violating the working hours which I don’t deny. What are my options to stay in Canada and to work again in my company can I force him somehow to allow me to finish my contract or do I have to sue him on cic?

    Reply
  10. sahil sharma

    hi there
    my uncle and aunt is on visitor visa ..we wanna change aunt visitor visa into work permit ..is it possible bcz uncle does not knw english ..so my questions is if she would rejectted for workpermit ..does they cancell their visitor visa or not …and she is applying for cook…

    Reply
  11. Rajesh Christi

    Hi,
    I am on LMIA. Currently working in Canada. I want to quit my job, but i have a bounded work permit valid till 2016. My basic question is : Can i legally stay in canada untill I get another LMIA or a study permit. Can My employer cancel my work permit?
    (Employer says that he’ll cancel my work permit if I quit the job.)

    Reply
    1. Mira Freiwat

      Hello Rajesh,

      Thank you for your post. Unfortunately your employer is right. Your LMIA and Work Permit are employer specific, meaning, that you can only work for that designated employer on that designated work permit. What you can do though, if you were to secure employment elsewhere and have the new employer undergo the same process with the LMIA and WP, you can cancel and have the new Permit issued. MF

      Reply
  12. justin

    I have a family member who had a job with positive lmo approved he had to go back home for a surgery and was terminated by his employer he has a closed wok permit and a valid visa can he entry Canada again or he has to apply for a TRV as visitor as he wants to collect his belongings

    Reply
    1. Mira Freiwat

      Hello Justin,

      Thank you for your inquiry. It is best that your relative apply for the TRV to gain reentry into Canada. If their original Visa was strictly for employment with a specific employer and that has now been cancelled, they cannot travel on the same Visa, even if it is just to collect their belongings. MF

      Reply
  13. Daniela Tania

    My husband is applying a new working visa because his working visa is expire this December but the CIC denied his paper what happen to him??? He will come back to his country or he will he stay here in Canada. And what is Nominees? What does it mean of nominees. It will help to his position. Please reply me I want to know thank you!

    Reply
  14. Theresa

    My husband’s work permit is valid until April 2015. He is a temporary foreign worker and he got terminated from a construction firm.
    1.) What would he do so that he can apply to other construction firm?
    2. ) Does his previous employer has the right to cancel his current working permit?
    3.) I am a permanent resident and about to submit the spousal sponsorship, when can my husband apply for an open work permit?

    Reply
    1. owen

      Hello Theresa,

      We can definitely assist your husband with obtaining a work permit so that he can remain in Canada. The old work permit is considered void if your husband was terminated from his employment. For the spousal sponsorship, once it is approved and your husband comes to Canada he can start to work. You should exercise caution that he always maintains legal status while in Canada. Please see http://www.visaplace.com/canadian-immigration/ for more information.

      Regards,
      Owen

      Reply
  15. Matt

    Does anyone know what I can do I hired a immigration lawyer to do me an LMO as I was on a IEC visa working for a company in a highly skilled trade.
    I paid lawyer thousands of dollars to do this.
    I even rejected a extended IEC visa because he was so sure id get the LMO.
    Guess what it got rejected as the company layed off a Canadian.
    Now my permit expired and im on visitor status and because of the new LMIA they don’t think I will get another LMIA even though the trade im in has a huge shortage. Apparantly if a Canadian is layed off they will reject any tfw applying for LMIA.
    I came over here paid taxes since day one and have a family here a new life now im desperate.

    Reply
    1. owen

      Hello Matt,

      I am sorry to hear about your situation. We would definitely be able to assist you in applying for a new LMIA. Also, what is your current status in Canada, because you must ensure that you maintain a valid status throughout this process. Please don’t hesitate to contact us if you require any further assistance, and please refer to http://www.visaplace.com/canadian-immigration/temporary-visas/work-permits/ for more information on work permits.

      Regards,
      Owen

      Reply
  16. dennis

    I applied for the bridging visa and was denied because they said I have a valid visa and no record of application for permanent residence..now I have the record of application for pm but was worried about the valid work visa. Not looking forward to being un employed during the 13 months it takes to get pm…

    Reply
    1. Sarah Jane MacDonald

      Hello Dennis,
      Sorry to hear of your visa refusal. If you would like a member of our Canadian Immigration Team to assess your case, please fill out this Free Online Assessment Form, you will receive a reply within 24 hours.

      All the best,
      Sarah Jane

      Reply
  17. dennis krohn

    Yes im on a two yr work visa which expires may 2015 it is employer and providence specific..the company had to obtain an lmo to get the visa I applied for pm under canadian experience class and have recieved a acceptance letter can I apply for a bridging visa since im laid off doesn’t that invalidate my visa..

    Reply
    1. Nargiza Shaibekova

      Hello Dennis,

      Your work permit is still valid and you will be able to apply for a bridging work permit. Please contact us if you need any assistance with documents and other requirements.

      Reply

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Associations