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
