There are many questions surrounding the recent decision by the Federal Government to suspend the LMOs for employers in the Food Services. Below are some answers to those questions we hope will help.
Who is effected?
Most establishments that sell food and drink will be effected by the latest cancellation of the FSW category for food servers. All restaurants, bars, places that prepare food and catering companies. This also includes all staff including servers, bartenders, kitchen staff, cleaners, security as well as managers and supervisors.
Who is not?
Hotels that operate with Food Services are not affected. Any food establishment being run by a third party on a premises that does not belong to the hotel will be effected. Any LMO that has not yet been approved will be suspended. This means that if a final decision has not been made they will cancel your application.
Anyone coming to Canada with an approved LMO will not be affected, if you have an existing approval you will be able to work under this status until it expires. All applications for extensions will be suspended in connection to the food services industry.
Who may need help?
If you are in Canada under a current connection with a positive LMO in the Food Services Industry you should seek more information and guidance on the options you may have before the work permit expires. Individuals who apply for a work permit extension before their work permit expires may have implied status. They may be able to stay in Canada until a decision is made with regards to the extension.
How long will this LMO suspension be in effect?
The minister has indicated that this decision will remain effective until there is a decision made and the review has been completed. While this may be temporary there is no guarantee that this will be a valid category to apply for in the future.
What to do?
Employers that hire Temporary Foreign Workers should start looking at their options now before any work permits expire. While this could be temporary there is no guarantee that the program will return in the future. Employers are encouraged to explore their options and obtain the right advice.
Anyone in Canada on a work permit in connection with positive Labour Market Opinions should look for help in looking over their options before their work permit expires. In some cases, you may be able to keep your current status. Furthermore, applicants who are qualified should look at their options for permanent residency this will prevent them from being affected by any changes in the future.
Need help?
If you are employer or a foreign worker wishing to come to Canada, contact us and we may be able to help! Complete our free online assessment and we will get back to you
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
