ARCHIVED – Operational Bulletin 420-A – May 16, 2013

LMO-exempt work permit renewals/extensions for certain CSQ holders currently in Quebec (revised)

Summary

This Operational Bulletin (OB) has been revised and replaces OB 420. It removes the requirement that a Permanent Residence application also be in process, which is in line with current guidance provided in the Temporary Foreign Worker Guidelines (FW 1), section 5.27.

Issue

On June 1^st, 2012, Quebec’s Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) implemented provisions that 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.

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 Immigration and Refugee Protection Regulations (IRPR) 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 and who currently reside in the province of Quebec, to be able to have their work authorizations extended with his or her current employer, or renewed with a new employer, without having to obtain 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 CSQ under the Quebec Skilled Worker class, and currently resides in Quebec 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 Jeunes professionnels 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 applicant must currently be a resident of Quebec;
• The WP is valid for the duration of the job offer and cannot exceed two (2) years. This time-limit should allow the applicant sufficient time to submit an application for permanent resident 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;
  • CSQ must indicate either “Travailleurs qualifiés”, “PEQ Travailleurs” or "PEQ Étudiants” in Section 9 “Catégorie”.
• Only employer-specific WPs are to be issued (no open WPs);
• Spouses or common-law partners who are accompanying the principal applicant and who are currently in Canada are entitled to apply for 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).