Question: I operate a small lodge on Vancouver Island and was recently approached by a couple visiting from the UK who were interested in working as housekeepers for me for the summer. I have an approved LMO for this occupation but am not sure if I can hire these applicants who are here on visiting terms.
Answer: If you have an approved LMO and the applicants meet the qualifications for the position, then you can extend a job offer. But, they will need to obtain a work permit. They would normally have to obtain their work permit at a Canadian Visa Post (at Embassies, Consulates or High Commissions or Commissions for Canada) outside of Canada because they are in Canada on holidays and the Immigration and Refugee Protection Act and Regulations does not allow for “visitors” to change their status to “workers” from within Canada. There are three options when applying for a work permit in this situation:
Option 1:
As citizens of the UK, they are citizens of a country that is exempt from Canada’s Temporary Resident Visa (“visitor visa”) requirement. This, combined with having already received an LMO means that in addition to being able to apply for a work permit at a Visa Post, they could also apply for it at a Canadian Port of Entry. If they are eligible to enter the US, the easiest thing for them to do is to gather all of their documents (passport, resume, copy of the confirmed LMO, copy of offer letter and contract) and go to a border entry point, such as Blaine or Port Townsend, and re-enter Canada. Assuming there are no unforeseen issues, such as inadmissibility for criminal, health or security reasons, the Canada Border Services Agency Officer can issue the work permit at the border - this is referred to as ‘going around the flagpole’.
Option 2:
This option is usually the one selected if the candidate is eligible to enter the US but is a citizen of a country not eligible for an exemption from the Temporary Resident Visa requirement. This option includes going to the Canadian Consulate’s office in Seattle where they can obtain a work permit and another temporary residence visa that allows them to re-enter Canada.
Option 3:
Finally, the last option is to send their documents to the Canadian High Commission office in London which will process their application and issue the work permit. It is important to note with this option, they must ensure they do not go “out of status” while in Canada. They can do this by either renewing their visitor status in Canada (more on that process next month) while their mailed-in application for a work permit is being processed or by leaving Canada before their current “visitor status” expires. Note: If the applicants already have a valid work permit (e.g. a permit that is about to expire, one for a different employer, a permit for a different occupation or they were on a Working Holiday Visa and you wanted to use your LMO to hire them) they could be eligible to extend or change their work permit from within Canada. That process will be discussed in next month’s newsletter.
