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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a worker from England (who is on a work permit) that

Customer Question

I have a worker from England (who is on a work permit) that she cannot get her work permit extended. She was under the impression is was an open 4 year work permit...
Note - we did not sponsor her (she came on her own).
Do we have any course of action to keep her here?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

How would she be able to get an open work permit?

Did you see it?

What are the grounds for the refusal?

Customer: replied 1 year ago.
yep..it says WORK PERMIT right on it and they are telling her that she was on some holiday VISA that only lasts 12 months - but no where does it say this on the Work Permit.Has there been some recent ruling with immigration Canada whereby they can just sent refuse someone OR if they have an "open work permit" they automatically fall within the 4 year work permit time frame....Now is there a specific place we should be looking on the work permit to determine the "classification" on whether it is open or closed?
Expert:  Legal Ease replied 1 year ago.

There is no such thing as a 4 year open work permit and there never has been. She was on a special one year working holiday visa which can not ever be renewed.

You can try to get her a new work permit by going through the LMIA process. You can read about that here:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

She will need a regular closed work permit and you will have to hope that there are not enough Canadians to fill her job or you won't get a positive LMIA.

Customer: replied 1 year ago.
outside of the LMIA, all work permits are only 12 months in length with no option to renew? Then how do you explain this link?http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=2
Expert:  Legal Ease replied 1 year ago.

I don't see why this is in conflict with what I answered. This site is saying that no one can work temporarily in Canada for more than 4 years. That would be where they had a temporary work permit.

I said there was no way to renew a working holiday permit and that they were never for more than one year.

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