Temporary Foreign Workers In Trouble Because Of Delayed LMOs

Temporary foreign workers’ application renewals being denied

According to this article in the Toronto Star, thousands of temporary foreign workers are in danger of having their renewal applications denied, all because of a bureaucratic hiccup.

When renewing their temporary foreign worker status, these workers must file an application to renew their temporary foreign worker permit with Citizenship and Immigration Canada. Employers must also file an LMO – Labour Market Opinion – which determines if the worker is needed in an area for their specific occupation.

Since 2006, LMOs and temporary foreign worker renewals have been processed at the same time. But while the renewals are processed quite fast, they are often ready long before an LMO is completed – resulting in a rejection.

Temporary foreign workers can still work under implied status while their application is being processed, but if it is rejected they have little choice – either pack up and leave Canada or work under the table. Many employers are unaware of the delays and do not apply for an LMO soon enough.

Employers of temporary foreign workers must apply for LMOs in advance – we can help

The best way to not encounter this problem is for employers to apply for LMOs long before the work permit renewal (and before the initial temporary foreign worker permit expires), so that the LMO is ready. Contact us using the form to the right or at the link above for assistance in applying for LMOs.

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

  • Katherine

    My partner just got his Work Permit application refused because he did not have the result from his LMO application yet. Does he now have to leave Canada? How long does an LMO take to process?

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