BC family denied new Canada Work Permit

Want to work in British Columbia? You might require Canada Work Permit renewal

Canada Work Permit
Immigration to Canada is hard enough;  being allowed to stay is another story.

Shortly after coming to Canada, some visitors and immigrants will try to get jobs in the country. To work in in this country you would need a Canada Work Permit. People who have moved to Canada temporarily with the desire of remaining in the country long –term often do those jobs no one else wants-low-paying menial occupations such as housekeeping and hotel work. We have all seen the stereotype of the taxi-driver with the PhD come into play on a daily basis.If these people coming into our country our doing the jobs that no one seems to want and people look down upon, then why are we making it hard for them to stay in Canada to work them?Some may argue in these hard economic times after a double recession –the worst in recent history, we should keep our jobs for our citizens. This is agreeable is a high poverty rate and it can be difficult nowadays to find a minimum wage job.

Family denied Canada Work Permit

Regardless, it is a lengthy and costly process for a non-Canadian citizen to get a Canada Work Permit.

One couple and their baby are being sent back to Mexico after being denied entry permits.  Melani Montemayor, Jose Cornejo, and Addison Montemayor were on a work permit in Valemount, British Columbia, however, after it expired, they were not granted one.

Labour Market Opinion

Jose was not happy with his current employer and was offered another job that he wanted to take, however, the only way he could take it is with a Labour Market Opinion (LMO).

An LMO stipulates that the employer has to advertise the job to prove that they tried to hire locally before accepting foreigners for the position. This process supposedly takes 6-8 weeks.

Implied Status
In this families case it took a lot longer. When they called Citizenship and Immigration Canada, they were offered “implied status”, which would allow them to continue working for their current employer if they applied for a new Canada Work Permit.  The family was not aware that it would only cover their current employer.
Due to a number of misunderstandings and difficult process, the family was not able to remain in Canada. With an experienced and well-versed immigration lawyer, they might have stood a chance.
Immigration Lawyer Michael Niren of Niren & Associates, was recently quoted in an article about the family by the Rocky Mountain Goat newspaper.  Check out the article below: http://www.therockymountaingoat.com/2012/02/22/family-sent-home-due-to-work-permit-snag/
Michael Niren

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

  • Maple Fly

    Thanks for the following services. i found here great information.

  • Nicki

    It is so frustrating that there is little or no information for LMO here in Toronto – most HR companies don’t even know what that means 🙁
    I wish to restore my work permit but on what grounds will someone be exempted please.

    • owen

      Hello Nicki,

      Thank you very much for the inquiry. Your frustration is totally justified, as finding information on LMOs can be difficult. We have many years of experience assisting people with their Canadian Work Permit issues, and we would be happy to assist you with your particular case. For some general information on Work Permits please see this link http://www.visaplace.com/canadian-immigration/temporary-visas/work-permits/, and our skilled immigration professionals can offer you personalized advice once you fill out our free online assessment http://www.visaplace.com/immigration-assessment/.


  • Satyam

    Hi there, my name is Satyam. i studied in Canada for over 2 years and left the country in Feb 2010 with a issued full time 3 year work permit after study. i never went back and now that my visa term is over(April 2013), its been a year and now i plan on going back. please help me how will they give a work pemit again

    • Hello Satyam
      You could apply for a work permit again but a Canadian company has to hire you and sponsor you for likely an LMO first. You therefore have to find a job offer as the first step.

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.

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