Employer Wants Me to Volunteer Before LMIA: Risks

[NDAC2025]

Hi everyone,

My PR application was recently refused, and my employer couldn’t support me with an LMIA to extend my work permit. I have since applied for a Visitor Record, and before leaving Canada, I’m trying to secure a new job with an employer willing to go through the LMIA process.

I had an interview that went well, but the potential employer asked if I would be open to volunteering with them first so they can assess my competencies before committing to an LMIA. They mentioned it would be unpaid, but it could lead to an LMIA if things go well.

I really don’t want to do anything that could jeopardize my future immigration applications (including LMIA or PR). Has anyone been in a similar situation, or knows if volunteering in this context could be considered unauthorized work? What would be the best way to handle this?

Thanks in advance for any advice.

 

[YVR123]

Yes. It's unauthorized unpaid work. Any job, paid or not, that would have been paid for is considered work.
Volunteer is only for positions that's NOT being paid regardless of who is doing it. (e.g. charity event that have volunteers to greet attendants, hobby club executives that wouldn't been a paid position anyway. )

 

[canuck78]

Hi everyone,

My PR application was recently refused, and my employer couldn’t support me with an LMIA to extend my work permit. I have since applied for a Visitor Record, and before leaving Canada, I’m trying to secure a new job with an employer willing to go through the LMIA process.

I had an interview that went well, but the potential employer asked if I would be open to volunteering with them first so they can assess my competencies before committing to an LMIA. They mentioned it would be unpaid, but it could lead to an LMIA if things go well.

I really don’t want to do anything that could jeopardize my future immigration applications (including LMIA or PR). Has anyone been in a similar situation, or knows if volunteering in this context could be considered unauthorized work? What would be the best way to handle this?

Thanks in advance for any advice.

This is not an option your employer would be employees someone without status and you would be working illegally. I’m not sure the employer realizes that they would be technically employing someone without status even if you volunteered.

 

[scylla]

Hi everyone,

My PR application was recently refused, and my employer couldn’t support me with an LMIA to extend my work permit. I have since applied for a Visitor Record, and before leaving Canada, I’m trying to secure a new job with an employer willing to go through the LMIA process.

I had an interview that went well, but the potential employer asked if I would be open to volunteering with them first so they can assess my competencies before committing to an LMIA. They mentioned it would be unpaid, but it could lead to an LMIA if things go well.

I really don’t want to do anything that could jeopardize my future immigration applications (including LMIA or PR). Has anyone been in a similar situation, or knows if volunteering in this context could be considered unauthorized work? What would be the best way to handle this?

Thanks in advance for any advice.

Others are correct. This will be classified as illegal work.

 

[NDAC2025]

Thanks, everyone!

 

[Jasskaur102]

Hello everyone,
I am sharing my full situation to get advice from members who have experience with LMIA work permits and refusal under R183 or R200(1)(b). I previously lived in Canada for six years and always tried to follow all rules, so I want to make sure I correct everything properly in my new application.
My Timeline (Clear Summary)

• Arrived in Canada: August 2019 (international student)
• Completed 2-year ECE Diploma at Sheridan College
• PGWP applied: June 3, 2021
• PGWP approved: August 30, 2021 (valid to August 30, 2024)
• Worked as Retail Sales Supervisor (Petro-Canada): January 2022 – August 2024
• Employer applied for LMIA
• I applied for a work permit extension: August 29, 2024 (implied status)
• WP extension refusal: December 15, 2024 – I stopped working immediately
• Applied for restoration as a visitor: March 13, 2025
• Restoration refused: August 19, 2025
• I had already booked my flight on August 8, and left Canada on August 27
• I never overstayed and never worked after refusal

Refusal reasons

The officer refused my LMIA work permit under R200(1)(b) and wrote

• I did not comply with conditions under R183
• I was in Canada without status after my work permit expired
• My purpose of visit is not consistent with a temporary stay
• Officer is not satisfied that I will leave Canada at the end of my authorized stay

Why I Believe This Was a Misunderstanding

• I stopped working the same day my extension was refused
• I applied for restoration within the 90-day restoration period
• I left Canada voluntarily and on time
• I booked my return flight before the refusal decision (proof attached in my application)
• I have always maintained legal status from 2019 to 2025
• I have strong ties in India and never had any intention to stay illegally

Current Issue

My LMIA expires on January 18, and my lawyer is preparing a new work permit application with:

• full explanation letter
• proof of restoration timing
• flight booking email
• timeline summary
• proof of strong home ties that is some property, house, parents

My Questions to the Community

1. Has anyone had a similar refusal under R183 / R200(1)(b) and later got approved while applying from India?
2. Will applying close to the LMIA expiry (Jan 18) hurt my chances?
3. Does showing proof that I booked my flight before the refusal help strengthen the application?
4. Based on your experience, what are the realistic approval chances for a second attempt with proper explanations?
5. What else should I include to strengthen my new work permit application from India in this case?

Thank you @scylla @Naturgrl

 

[scylla]

Hello everyone,
I am sharing my full situation to get advice from members who have experience with LMIA work permits and refusal under R183 or R200(1)(b). I previously lived in Canada for six years and always tried to follow all rules, so I want to make sure I correct everything properly in my new application.
My Timeline (Clear Summary)

• Arrived in Canada: August 2019 (international student)
• Completed 2-year ECE Diploma at Sheridan College
• PGWP applied: June 3, 2021
• PGWP approved: August 30, 2021 (valid to August 30, 2024)
• Worked as Retail Sales Supervisor (Petro-Canada): January 2022 – August 2024
• Employer applied for LMIA
• I applied for a work permit extension: August 29, 2024 (implied status)
• WP extension refusal: December 15, 2024 – I stopped working immediately
• Applied for restoration as a visitor: March 13, 2025
• Restoration refused: August 19, 2025
• I had already booked my flight on August 8, and left Canada on August 27
• I never overstayed and never worked after refusal

Refusal reasons

The officer refused my LMIA work permit under R200(1)(b) and wrote

• I did not comply with conditions under R183
• I was in Canada without status after my work permit expired
• My purpose of visit is not consistent with a temporary stay
• Officer is not satisfied that I will leave Canada at the end of my authorized stay

Why I Believe This Was a Misunderstanding

• I stopped working the same day my extension was refused
• I applied for restoration within the 90-day restoration period
• I left Canada voluntarily and on time
• I booked my return flight before the refusal decision (proof attached in my application)
• I have always maintained legal status from 2019 to 2025
• I have strong ties in India and never had any intention to stay illegally

Current Issue

My LMIA expires on January 18, and my lawyer is preparing a new work permit application with:

• full explanation letter
• proof of restoration timing
• flight booking email
• timeline summary
• proof of strong home ties that is some property, house, parents

My Questions to the Community

1. Has anyone had a similar refusal under R183 / R200(1)(b) and later got approved while applying from India?
2. Will applying close to the LMIA expiry (Jan 18) hurt my chances?
3. Does showing proof that I booked my flight before the refusal help strengthen the application?
4. Based on your experience, what are the realistic approval chances for a second attempt with proper explanations?
5. What else should I include to strengthen my new work permit application from India in this case?

Thank you @scylla @Naturgrl

I'm not a lawyer and can't help with this level of question. I would make sure you are working with a good immigration lawyer and go with the advice they give you.

 

[Jasskaur102]

I'm not a lawyer and can't help with this level of question. I would make sure you are working with a good immigration lawyer and go with the advice they give you.

Yes I am working with a lawyer just want a advice.