out said:
To all seniors and knowledgeable resource people,
Does having an approved provincial nomination replaces LMIA if and when work permit is ending and re-application or extension of work permit is needed to the status of legal to work, stay and processing of permanent residency will proceed?
Please share your knowledge to serve guidance and information to all readers of this forum. Thank you for the effort and generosity.
Generally, no. An approved provincial nomination does not replace an LMIA.
However,
because of an approved provincial nomination, the worker
can be eligible for a work permit. Examples:
(Assuming the worker has applied to a provincial nomination program)
1. The worker has received the LoA/letter of nomination - which is tantamount to approved provincial nomination
- What the worker needs is to apply for PR immediately and obtain positive eligibility. For PR applicants under PNP, this is the AoR.
- With an AoR, the worker is eligible to apply for a
bridging open work permit - "open" does not need an LMIA. See the requirements here:
http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
2. The worker has requested a letter of support as part of the PNP application. Once the application is approved, a letter of support is also included with the LoA/letter of nomination. This letter of support can be used to apply for a closed work permit without an LMIA. This is most seen with PNP PR applications with employer support/sponsorship. See the excerpt from the link below:
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp
Foreign workers nominated by a province or territory
A person who has a valid nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMIA.
In order for this provision to be applied, the application for the work permit must include:
- the job offer or employment contract;
- a copy of the nomination letter from the provincial or territorial government that confirms that the foreign national has been nominated for permanent residence by the province,
- if the nomination is expired, a copy of the acknowledgement letter confirming that CIC received the PNP application while the nomination was still valid; and
- a statement from the province that it has determined that all factors required for the issuance of a work permit under paragraph 204(c) as per its agreement with Canada have been met, and identifying the occupation and employer information. The required factors include:
- that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer in that province or territory (it should be noted that self-employed persons are therefore not eligible for this type of work permit given the lack of employer-employee relationship),
- that the job offer is genuine and the job offer will create economic benefits or opportunities,
- that the employment is not part-time or seasonal, and
- that the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.
The third item is what a letter of support usually contains.
.../hth
