ARCHIVED – Operational Bulletin 420 - June 1, 2012

LMO-exempt work permit renewals or extensions for some CSQ holders currently in Quebec

This Operational Bulletin has expired.

Please refer to OB 420-A for current information.

Summary

Effective as of the date of this publication, Quebec’s Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) is implementing provisions that will allow some work permit (WP) holders, who are present in Quebec, to submit an application to renew or extend their work authorizations in Canada without the employer having to obtain a labour market opinion (LMO) from Human Resources and Skills Development Canada/Service Canada (HRSDC/SC) and MIDI.

This process is only possible when an application for permanent residence (PR), submitted under the Quebec Skilled Worker category, is in process.

Issue

The purpose of the Operational Bulletin is to inform officers of the parameters set out by the MIDI that will allow some Certificat de sélection du Québec (CSQ) holders currently residing in Quebec to submit an application to renew or extend their work authorizations in Canada, without having to obtain an LMO.

Background

All provinces and territories in Canada, with the exception of Nunavut and Quebec, have signed Immigration Agreements with Canada authorizing them to nominate foreign nationals who intend to establish themselves permanently in a province or territory through the Provincial Nominee Program (PNP).

In the absence of such an agreement, R205(a) of the IRPA Regulations provides the possibility for LMO-exempt WPs to be issued to certain individuals whose job for which the WP was issued would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents.

Quebec would like for some of the foreign nationals it has selected under its Programme régulier des travailleurs qualifiés (PRTQ) and its Programme de l’expérience québécoise (PEQ), who are holders of a valid WP, who currently reside in the province of Quebec, and who are waiting for a decision in regard to their application for permanent residency (PR), to be able to have their work authorizations extended or renewed with a new employer while their PR applications are being processed, without having to submit an LMO.

Current Process

Current policy guidelines for the issuance of LMO-exempt WPs for foreign nationals selected by a province that does not have a Federal-Provincial Nomination Agreement are outlined in the Foreign Worker Manual (FW 1), Section 5.27.

The elements under the heading “2. Foreign Worker Nominated by a Province or Territory (PNP)” which shall apply to designated CSQ holders in Quebec for this process are:

• A person who has been nominated by a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMO. In order for this provision to be applied, the application for the work permit must include a letter from the provincial or territorial government that confirms:
  • that the foreign national has been nominated for permanent residence by the province.
• The duration of the work permit should be equivalent to the duration of the job offer.
• For provinces/territories without nominee agreements the legislative authority for the exemption is R205(a).

Additional conditions for CSQ holders in Quebec

The applicant, who holds a skilled worker CSQ, currently resides in Quebec and has applied for PR in the Quebec Skilled Worker class, must fall under one of the following categories:

• seeking to extend their WP for their current employer;
• seeking to renew their current work authorization with a new employer in the province of Quebec;
• is a foreign student who has obtained a post-graduation WP and has a job offer in the province of Quebec; or
• is a WP holder through participation in one of the following programs under the Programme de l’expérience international canadienne (EIC)
  • Vacances-travail
  • Stage Jeune professionnel de 18 mois
  • Stage Coop

  and is seeking an extension for that WP with the current employer, or to renew the work authorization with a new employer in Quebec.

Operational Instructions

• The WP is valid for the duration of the job offer and cannot exceed two (2) years. This time-limit should allow the applicant to obtain PR status before the WP expires.
• WPs will be issued by the authority of R205(a); LMO-exemption code C10.
• The application must include a copy of the CSQ and the job offer to work in Quebec.
• The application must be accompanied by proof of payment of the fees for a PR application, or the acknowledgement of receipt.
• Only employer-specific WPs are to be issued (no open WPs).
• Spouses or common-law partners of the principal applicant will be entitled to open WPs for the duration of the WP of the principal applicant, irrespective of the skill level of the principal applicant’s occupation (exemption code C10).