Do I have implied status under LMIA and what to do next

[s33d5]

I am in a position at the moment where my employer (the federal government) wants to get me an LMIA, but they think they can't do it because they are a federal department - anyone know if this is true? Mainly it's that they don't know how to do it, so they think they can't.

In addition, my visa ends at the end of this month (IEC), points are too high for me to get PR any time soon, even though I'm applicable to apply.

If an LMIA is in process, do I get implied status? As far as I can tell, implied status is only valid if you're on a non-IEC work visa. So, I would need to apply for a new visa in addition to having the LMIA in process?

They are also saying that I should seek out exemptions, I can see that there are exemptions for computer specialists and biologists (which applies to me), however it looks like you need to prove several years of experience to do this. So I don't think this applies to me?

Anyone any ideas what my employer can do? They're pretty much useless (classic government HR), having no answers, also they rarely hire non-residents.

It's quite an ironic situation where one part of the federal government wants to employ me but at the same time another department is kicking me out of the country!

Thanks!

 

[scylla]

I am in a position at the moment where my employer (the federal government) wants to get me an LMIA, but they think they can't do it because they are a federal department - anyone know if this is true? Mainly it's that they don't know how to do it, so they think they can't.

In addition, my visa ends at the end of this month (IEC), points are too high for me to get PR any time soon, even though I'm applicable to apply.

If an LMIA is in process, do I get implied status? As far as I can tell, implied status is only valid if you're on a non-IEC work visa. So, I would need to apply for a new visa in addition to having the LMIA in process?

They are also saying that I should seek out exemptions, I can see that there are exemptions for computer specialists and biologists (which applies to me), however it looks like you need to prove several years of experience to do this. So I don't think this applies to me?

Anyone any ideas what my employer can do? They're pretty much useless (classic government HR), having no answers, also they rarely hire non-residents.

It's quite an ironic situation where one part of the federal government wants to employ me but at the same time another department is kicking me out of the country!

Thanks!

An LMIA application does not give you implied status.

What gives you implied status is if you apply for a new work permit or work permit extension before your current work permit expires.

I can't help with the rest of your questions.

 

[s33d5]

An LMIA application does not give you implied status.

What gives you implied status is if you apply for a new work permit or work permit extension before your current work permit expires.

I can't help with the rest of your questions.

Thanks for the reply.

Do you know if a work permit extension is applicable if I am currently on an IEC?

So, if my emplyoyer started the LMIA, could I apply for an extension, or new work permit and I would be on implied status until my LMIA is returned? OR do I have to wait for the LMIA to complete before even submitting my visa application/extension?

 

[scylla]

Thanks for the reply.

Do you know if a work permit extension is applicable if I am currently on an IEC?

So, if my emplyoyer started the LMIA, could I apply for an extension, or new work permit and I would be on implied status until my LMIA is returned? OR do I have to wait for the LMIA to complete before even submitting my visa application/extension?

IECs cannot be extended so you would be applying for a new work permit that is a closed work permit tied to your employer (not for an extension).

If you apply for a new closed work permit now before your IEC expires, then you will have implied status and can keep working. You will then have to hope the LMIA is approved before IRCC makes a decision on the work permit application. If the LMIA isn't approved in time, then IRCC would move to refused the work permit which would leave you out of status in Canada.

Note that your employer needs to advertise the job for a month before they can even start the LMIA application process (this assumes you need an LMIA and aren't LMIA exempt). Have they started the advertising yet? They need to follow specific rules with regards to where they advertise / how many locations.

In terms of whether you are or are not LMIA exempt, it sounds like you've already found the list of exemptions on the IRCC website. If you aren't sure if you qualify and your employer isn't sure - then my recommendation is to hire an immigration lawyer to help you with this part of it given you are so short on time.

 

[Naturgrl]

Thanks for the reply.

Do you know if a work permit extension is applicable if I am currently on an IEC?

So, if my emplyoyer started the LMIA, could I apply for an extension, or new work permit and I would be on implied status until my LMIA is returned? OR do I have to wait for the LMIA to complete before even submitting my visa application/extension?

What IEC stream are you under? You can only extend an IEC visa under specific circ if under Young
professional. If not, You need to apply for a new IEC path.

https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

 

[YVR123]

Thanks for the reply.

Do you know if a work permit extension is applicable if I am currently on an IEC?

So, if my emplyoyer started the LMIA, could I apply for an extension, or new work permit and I would be on implied status until my LMIA is returned? OR do I have to wait for the LMIA to complete before even submitting my visa application/extension?

Not 100% if you can apply for an extension for your IEC... You can check information provided by the link:
https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

As replied LMIA application do not give you any implied status. I think the close work permit application may (not 100% sure) give you implied status if you apply when you still have valid status and you cannot apply until you have approved LMIA.

 

[s33d5]

What IEC stream are you under? You can only extend an IEC visa under specific circ if under Young
professional. If not, You need to apply for a new IEC path.

https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

I can't extend the IEC as far as I can tell, I was just wondering if I had to go for a whole new visa. Looks like the latter.

 

[s33d5]

Not 100% if you can apply for an extension for your IEC... You can check information provided by the link:
https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

As replied LMIA application do not give you any implied status. I think the close work permit application may (not 100% sure) give you implied status if you apply when you still have valid status and you cannot apply until you have approved LMIA.

It's funny cos I can see in some places that you can apply before having the LMIA and some saying only after.

At the moment I can see that the processing time is 164 days, this would leave ample time for the LMIA to be done, this obviously isn't a guarentee that it wouldn't be decided on before then though.

 

[scylla]

It's funny cos I can see in some places that you can apply before having the LMIA and some saying only after.

At the moment I can see that the processing time is 164 days, this would leave ample time for the LMIA to be done, this obviously isn't a guarentee that it wouldn't be decided on before then though.

This doesn't necessarily give you a buffer. The employer needs to advertise for a month before the LMIA application can be submitted. The processing time of the LMIA itself can often take months. Get your employer on this asap.

 

[s33d5]

This doesn't necessarily give you a buffer. The employer needs to advertise for a month before the LMIA application can be submitted. The processing time of the LMIA itself can often take months. Get your employer on this asap.

Yep, fair enough!