Changes to the Temporary Foreign Worker Program — Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

Changes have been made to the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D). If you are a temporary foreign worker (TFW) in Canada who has a work permit under this Pilot, you may be affected.

If you are not sure if your work permit was issued under the 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 pilot project came into effect in May 2009.

The changes reflect that the work permit application cannot be refused solely because a TFW:

  • has already worked in Canada for 24 months; or
  • has not returned home for a minimum period of four months.

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 24 months, you may apply for six more months without having to leave Canada.

Your employer must apply for a new LMO from Service Canada to extend your job offer. It is the employer’s responsibility to check the Human Resources and Skills Development Canada website whenever they apply for a new LMO to ensure they are aware of any program or policy updates.

Some jobs are not eligible for an extended LMO, such as those included under the Seasonal Agricultural Workers Program. See Human Resources and Skills Development Canada in the Related Links section at the bottom of the page 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.

You can find the application you need to do this in the Related Links section at the bottom of this page or by contacting the Call Centre (see Contact Us at the top of this page). 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. You may then apply for a new work permit under the Pilot Project. Apply at the Canadian visa office for your home country.

Related Links