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IMPACT – LOW
What is the change? A four-year time limit on certain lower-skilled foreign workers will expire on April 1.
What does the change mean? The April 1 expiration date does not affect companies sponsoring foreign workers in professional or managerial positions. It only affects foreign workers with Labor Market Opinion (LMO) or Labor Market Impact Assessment (LMIA)-based work permits in lower skill levels working continuously since April 1, 2011; they will no longer be able to obtain an LMIA.
Background: Foreign nationals with LMO-based work permits in skill levels B, C and D are subject to a four-year time limit imposed on April 1, 2011 that will expire April 1 of this year. Many foreign skilled workers fall under skill level A, which covers those with a university degree, and thus are not affected by the four-year restriction. The time limit also does not affect LMIA-exempt permits. Skill levels are based on Canada’s National Occupational Classification codes.
BAL Analysis: Companies that recruited foreign nationals in the high-skilled LMO-based or LMO-exempt categories do not have to take action. Foreign nationals in the lower-skill levels who have worked in Canada continuously for four years will not be eligible for another LMIA-based work permit. In addition, companies should be aware that the recent LMIA overhaul has made it extremely difficult to obtain LMIA-based work permit renewals.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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