LMIA (LMO) Extensions and Renewals

In July 2014, the Canadian government passed stringent rule changes to the Temporary Foreign Worker Program (TFWP).

One of the fundamental changes introduced is the employer’s requirement to submit a detailed “Transition Plan” outlining various “recruitment activities” and other steps “to reduce the reliance on temporary foreign workers”, per the Employment and Social Development Canada (ESDC). Acceptable recruitment activities include the hiring of aboriginal Canadians, youth or Canadians with disabilities.

Transition plans must also include concrete and measurable steps a Canadian employer will take to expand the pool of qualified Canadians to apply for the position that is currently held by the foreign worker(s). These include taking on of apprentices, investment in skill training or skill transfer. ESDC will also accept the sponsoring of the foreign worker’s permanent resident visa as a “transition activity.”

It should come to no surprise that employers wishing to extend or prolong an LMIA (LMO) or work permit will be asked to establish that the main elements of the transition plan were dutifully executed and to provide a detailed rationale if unable.

Just as the requirements to obtain an LMIA are more rigorous, the conditions to obtain a new LMIA (LMO) are equally demanding.

Reasons for refusing a new LMIA may include inconsistencies in a prior transition plan, non-compliant wage increases to Canadian workers or prospective workers or just poor documentation when submitting the renewal application. In one LMIA/ESDC form, for example, the employer is required to juxtapose “results” of a “transition activity” versus a prior “declared activity” in a prior LMIA (LMO) application. If there is a discrepancy, the foreign worker’s position may be in jeopardy.

Our firm’s philosophy when it comes to “transition plans” is not to overcommit and to focus on medium- to long-term recruitment needs when it comes to sourcing strategies of your key workforce. Effectively, let us be your partner or counselor when it comes to international hiring.

Firm deliverables for LMIA and Work Permit extensions:

• Cover letter and preparation of government forms
• Documentation, with supporting evidence, of prior and present compliance including documentation of recruitment activities identified in the transition plans
• Explanation of deficiencies and submission of revised/updated transition plans
• Correspondence with government agencies (ESDC/CIC) on the employer’s behalf
• Interview preparation with the hiring manager/recruiter should ESDC/CIC notify of an interview or investigation
• Filing of the foreign worker’s work permit extension via an inland processing centre or visa post.