Changes to “Low-Skilled” Work Permit Renewal Process

Citizenship and Immigration Canada have recently made some changes to the Pilot Project for Hiring Foreign Workers in Occupations that Require Lower Levels of Formal Training.  This program allows employers to obtain a Labour Market Opinion (LMO) for job offers that are lower skilled (NOC C or D) so that the employer may bring in foreign workers to fill those jobs. The pilot project, implemented in 2002, allowed foreign workers to come to Canada under this program for a period of 24 months, after which time the foreign national would be required to return to their home country for a minimum of four months before applying for a new Canada work permit under the pilot program.

As of May 12, 2009, Citizenship and Immigration Officers have been advised that they are no longer able to refuse a work permit application solely because the temporary foreign worker has worked in Canada for a total of 24 months OR has not yet returned home for a minimum period of four months if the applicant continues to meet all of the legislative criteria necessary for the renewal of the work permit.

All work permit renewal applications should be made prior to the expiry of the current work permit to ensure that the foreign worker remains in "implied status" as per R186(u) of the Immigration and Refugee Protection Regulations.