Changes have been made to the Low Skill Pilot Project. If you are a temporary foreign worker in Canada who has a work permit under this Pilot, you may be affected. The official title is the "Pilot Project for Hiring Foreign Workers in Occupations that Require a High School Diploma or Job Specific Training (occupations listed in sections C and D of the National Occupations Code)."
If you are not sure if your work permit was issued under the Low Skill Pilot, ask your employer. Your employer would have received a Labour Market Opinion (LMO) under the Pilot in order to hire you.
This does not apply to the Live-In Caregiver Program or the Seasonal Agricultural Program (SAWP).
Changes to the pilot project
Changes to the Low Skill Pilot Project came into effect on February 23, 2007.
The changes will:
- extend the maximum period of time an employer can hire a foreign worker in a low skill job from 12 months to 24 months; and
- allow employers to keep any foreign workers they have for the 24 months without having them leave Canada.
The Pilot has been renamed the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C&D).
How does this change affect you?
You may apply to extend your work permit in Canada. For example, if you have already been working for 12 months, you may apply for 12 more months without having to leave Canada. However, after working for 24 months you must return to your home country for four months before you can apply for a new work permit under the Low Skill Pilot.
Your employer must apply for a renewal or a new Labour Market Opinion (LMO) from Service Canada to extend your job offer.
Some jobs are not eligible for an extended LMO, such as seasonal jobs. See the HRSDC website to see the types of job offers that are eligible.
You and your employer must also sign a new employer-employee contract. Make sure to keep a copy for yourself.
While your employer is applying for a LMO, you may apply for an extension of your work permit by mail to the Case Processing Centre in Vegreville, Alberta.
Download an application guide and kit or phone the CIC Call Centre at 1-888-242-2100. Include with your application:
- a copy of your new employer-employee contract; and
- a note from your employer that states they have applied for an LMO.
You may still work while your case is being processed if your work permit has not expired.
If your work permit expired no more than 90 days ago, you may apply to restore your temporary status and for a new work permit.
You are not allowed to work in Canada while your application for restoration is being processed. You must wait for a decision to be mailed to you. There is a non-refundable fee for restoration, in addition to the fee for a work permit.
If your work permit has expired more than 90 days ago you cannot apply for restoration. You should return to your home country. After four months, you may apply for a new work permit under the Low Skill Pilot, and work for up to 24 months. Apply at the Canadian visa office for your home country.
Frequently Asked Questions
Q1. My work permit is valid for eight months. How much more time will I be allowed to work in Canada?
A1. You may get a 16-month extension if your employer gets a new Labour Market Opinion for your job and you both sign a new employer-employee contract.
Q2. My work permit expired less than 90 days ago. Can I apply for another work permit?
A2. Yes, you can apply to restore your temporary status. You can only do this if your permit expired within 90 days of the date you apply. You must also apply for a work permit, and pay fees for both services. Include a new LMO and contract with the application. You can not work while your application is in process if your permit has expired. Check box D for "restoration" and box C for "work permit" on the application form.
Q3. Why does my employer need another LMO if he just got one 12 months ago?
A3. Service Canada will check if there has been a wage increase for your job. If so, you should be paid the higher wage. This will be included in the new LMO and employer-employee contract. Service Canada also makes sure there are no Canadian citizens or permanent residents to do your job.
Q4. I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Low-Skill Program?
A4. Yes, if your employer has an approved LMO for the job offer. You can work for an other 24 months under the Low Skill Pilot before you must leave Canada.
Q5. I am a temporary foreign worker in a seasonal industry. Do I need to return to my home country for four months when my current work permit expires or can I apply to renew it and extend my stay?
A5. You must leave Canada when your work permit expires. The new rules do not apply to seasonal workers. You must request a new LMO each season. For more information see the HRSDC website.
If your employer wants to rehire you, you must have returned to your home country for at least four months before you can apply for another work permit under this Pilot.
Q6. Under the new rules, if I have a 24-month work permit and switch employers just before it expires, can I get another 24-month work permit if my new employer has the LMO?
A6. No, you can only get a work permit for up to 24 months, and then you must return to your home country for at least four months before you can get another work permit under this pilot.
Q7. I work in Quebec and I want to extend how long I can work under my work permit. What should I do?
A7. Your employer must apply for a LMO renewal from Service Canada and a Certificate of Acceptance (CAQ) from the Quebec government for your job. Include a copy of the LMO, CAQ and a new signed employee-employer contract with your application to extend your work permit to the CIC processing centre in Vegreville, Alberta.
For more information on the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C&D) see the HRSDC website.
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