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Employer's LMIA application process for PGWP holder whos already working for them

zhu9

Full Member
Jan 15, 2021
20
1
So I understand that in order to start a LMIA application the employer has to activiately advertise the position for certain period of time.

If I'm already working for the employer, and I need a LMIA based work permit as my PGWP is expiring (couple of months). During the advertising period and LMIA application, if there's a applicant (canadian citizen or PR) for the position is somewhat qualified, does the employer HAVE TO replace me with the said applicant, and thus terminate the LMIA application for me?

Thank you very much
 

scylla

VIP Member
Jun 8, 2010
93,612
20,918
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So I understand that in order to start a LMIA application the employer has to activiately advertise the position for certain period of time.

If I'm already working for the employer, and I need a LMIA based work permit as my PGWP is expiring (couple of months). During the advertising period and LMIA application, if there's a applicant (canadian citizen or PR) for the position is somewhat qualified, does the employer HAVE TO replace me with the said applicant, and thus terminate the LMIA application for me?

Thank you very much
For the LMIA to be approved, your employer has to prove no Canadian could be found for the job. If qualified individuals apply, then your employer can still try to get the LMIA approved and try to argue why these individuals are not skilled enough, however it means that the chances of approval will likely be low.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi

So I understand that in order to start a LMIA application the employer has to activiately advertise the position for certain period of time.

If I'm already working for the employer, and I need a LMIA based work permit as my PGWP is expiring (couple of months). During the advertising period and LMIA application, if there's a applicant (canadian citizen or PR) for the position is somewhat qualified, does the employer HAVE TO replace me with the said applicant, and thus terminate the LMIA application for me?

Thank you very much
1. If there are qualified PR/CC applicants, then the LMIA won't be approved.