Work permit refused due to worker’s lack of experience

LMO didn’t require three years experience, but job advertisement and other documents indicated it was
By Sergio Karas
|Canadian HR Reporter|Last Updated: 10/31/2012

LMO no guarantee for work permit

There are many requirements that must be met for a foreign worker to be approved to work in Canada. Many of these requirements are designed to ensure the worker will bring the appropriate skills to benefit Canada’s labour market and to protect jobs for Canadian citizens. An employer obtaining a Labour Market Opinion based on its job opening is an important step in the process, but it’s no guarantee that a selected foreign worker will be approved for a work permit.

The Federal Court of Canada has upheld a decision by the Canadian Embassy in Bangkok, Thailand, refusing an application for a temporary work permit despite the fact that the applicant foreign worker had obtained the requisite Labour Market Opinion (LMO) with a job offer confirmed by a Canadian employer. The decision highlights the foreign worker’s obligation to meet the work experience requirements set out in the LMO.