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About LMIA application in Alberta

IuriiS

Star Member
May 17, 2019
121
15
Hello everyone. I have a question about LMIA application. We have been leaving in Canada for the last 5 years. My wife is having an Open Work Permit (because I am doing my Ph.D. at the University). She has Canadian work experience for more than 3 years, unfortunately, we are not eligible to apply under Alberta Opportunity Stream, because of the Open Work Permit type.

She has found an employer, who is ready to make an LMIA for her. Due to the COVID situation, the LMIA processing rules have been changed in Alberta. There is a list of occupation which will be processed at the moment, her position NOC is not in the list https://www.canada.ca/en/employment-social-development/services/foreign-workers/refusal.html?fbclid=IwAR1asn_YxDBr69qJ3VO2RBITjl80YHZoBDnNsb6BkkwWfDSM95Ec9Ddup1A#h2.2-h3.2. Employer’s immigration consultant suggested anyways to apply under exception: “Your LMIA will be exempt from the Alberta Refusal to Process if it is to support an application for Permanent Residence or Dual Intent”. Currently, we do not have any permanent residence applications, except of express entry profile. As I understand, the dual intent also implies that I have some kind of permanent residence application. So, in my understanding, our LMIA will not be processed at all. What do you think about that? Any opinions are highly appreciated. Thank you!
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
They could try applying anyway on the basis that the LMIA will support an application for PR under Express Entry.