Any help appreciated....

Old Feb 19th 2009, 7:21 am
  #1  
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Default Any help appreciated....

Ok so My husband is currently working in Canada, however 9 months in and the company he is working for is being taken over. We have spoken to Immigration and they are telling us we need a new LMO and therefore a new work permit, the reason for this is that the new company advertise their jobs under a different NOC code, however essentially it is the same job. However HRSDC sent the new company an Email saying that it will be a straight forward swap one companys name for another. So I am confused. My husband has put his foot down and said he wants it all sorted out because he doesn't want to risk being in trouble with immigration, because some one somewhere doesn't know what they are doing. Any thoughts greatly appreciated.

Tasha x
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Old Feb 19th 2009, 7:50 am
  #2  
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Default Re: Any help appreciated....

Originally Posted by Littletashy
Ok so My husband is currently working in Canada, however 9 months in and the company he is working for is being taken over. We have spoken to Immigration and they are telling us we need a new LMO and therefore a new work permit, the reason for this is that the new company advertise their jobs under a different NOC code, however essentially it is the same job. However HRSDC sent the new company an Email saying that it will be a straight forward swap one companys name for another. So I am confused. My husband has put his foot down and said he wants it all sorted out because he doesn't want to risk being in trouble with immigration, because some one somewhere doesn't know what they are doing. Any thoughts greatly appreciated.

Tasha x
Sorry but the answer to this one gets complicated...

The key to this is whether the company doing the taking over meets the definition of a "successor in interest". To meet this definition the acquiring company must be substantially assuming the obligations, assets, liabilities etc of the original owners.

If the new owners do meet the definition of "successors in interest" then none of the employees working there temporarily need new LMOs. But if the definition is not met (i.e. it is only a partial take over of some of the assets) then everyone needs new LMOs.

In either case CIC advise temporary workers to obtain new work permits reflecting the new name of the company if its name changes. If there is no name change then there is no need for new work permits.

If your OH's employer employes a substantial number of people on work permits then it may be in there interests to seek professional advice regarding whether the new owners meet the successor in interest definition before expending a lot of time on obtaining new LMOs for everyone.

Hope this helps.
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Old Feb 19th 2009, 9:46 am
  #3  
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Default Re: Any help appreciated....

Thanks for the reply, It is very complicated, Isn't it.

My husband is the only worker in the Takeover who has an LMO, the company doing the taking over has hired from The UK before and has a Team of Lawyers and contacts at Immigration (apparently) However we still seem to have conflicting Information.
The company being taken over has offices elsewhere (other provinces) that are not being taken over, however they are assuming all of the obligations/assets etc of this provinces offices.
luckily due to them having unobtained offices elsewhere it would seem he will be "on loan" until it can all be sorted out, so he can still be in work.

SO Complicated

Tasha
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Old Feb 19th 2009, 4:41 pm
  #4  
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Default Re: Any help appreciated....

Hi Littletashy

My OH had a LMO for his job (Chartered Accountant) for his employer when he came out here just over 2 years ago - 8 months later his practice merged with a large Western Canadian Accoutancy Practice.

We had to do nothing about the LMO or his TWP as the 2 firms had been totally merged - the employees had new contracts.
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