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New Rules For Foreign Workers
May 28, 2009

Employers hiring foreign workers should be aware of recent changes Service Canada has made to the Labour Market Opinion (LMO) renewal process and to the Pilot Project for Hiring Foreign Workers in Occupations that Require Lower Levels of Formal Training.

Service Canada has eliminated the LMO Extension Application process. Now, where an employer wishes to have an LMO extend beyond the initial expiry date, the employer must apply for a new LMO. Unfortunately, this means that the renewed LMO application will be treated as any new application. The employer must once again show that it attempted to recruit Canadian citizens and permanent residents for the position. In addition, the employer must undertake advertising for the position to demonstrate that a foreign worker is required to fill the position.

The Pilot Project originally required that a foreign worker who had been granted a work permit under the Pilot Project and had been employed in Canada for 24 months return to her place of permanent residence for four months before being allowed to apply for a new work permit. Under Service Canada’s new rules, a foreign worker is no longer required to return to her country of origin once the work permit expires. Instead, the foreign worker can apply for a renewal of her work permit from within Canada.

Further information on these changes may be found on the federal Temporary Foreign Workers Program site: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml