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LMIA >> CEC or FSWP EE possible or just extension to work permit?

bram

Star Member
Sep 28, 2014
105
5
Job Offer........
Pre-Assessed..
Hi

This is a query for one of my friend and will appreciate if the people in know can assist me:

My friend is in Canada right now and had his post graduate work permit expired and is using his 3 month of implied status to either secure a LMIA or extend his work permit. Meanwhile he also plans to apply for a visitor visa in order to have legal status in country. Currently, he cannot apply for express entry as his employer will not support him with LMIA neither his previous experience fall under NOC 0, A or B.

Question:


If he gets an LMIA from any employer can he apply for express entry?
Does this LMIA need to fall under NOC 0, A or B?
Will this application be classed as CES or FSW Inland?
What are his other options if he has to stay and work in Canada?


Note that only if he had NOC B level experience his CRS points would be 490+

Appreciate your help in this.

Thanks.
 

scylla

VIP Member
Jun 8, 2010
93,507
20,837
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
How does your friend have implied status? Did he apply for a work permit extension or to change his status to visitor before the PGWP expired?

To answer your questions:

1) Depends on the skill level of the job and if the job he is being offered is a permanent one.
2) Yes.
3) I'm not sure I understand this question.
4) He needs to secure an approved LMIA.
 

bram

Star Member
Sep 28, 2014
105
5
Job Offer........
Pre-Assessed..
scylla said:
How does your friend have implied status? Did he apply for a work permit extension or to change his status to visitor before the PGWP expired?

To answer your questions:

1) Depends on the skill level of the job and if the job he is being offered is a permanent one.
2) Yes.
3) I'm not sure I understand this question.
4) He needs to secure an approved LMIA.
He hasapplied for his visitor visa this week however his work permit expired on 31st March. Is that an issue?

If he gets an LMIA on NOC A or B then can he apply straight away in express entry for permanent residence? His Canadian and foreign work experience is under NOC C only.

Please advice. Thanks.
 

Joejo

Star Member
Dec 12, 2015
107
3
For express entry the experience must be NOC O,A or B. If he has at least one-year foreign experience in NOC A,B or O he falls, under FSW and if the work experience is in Canada in NOC A,B or O, he falls under CEC (he has to fulfill other eligibility requirements also).

If he didn't apply for an extension of work permit/visitor visa before the expiry of his current WP, he goes out of status and he gets 90 days to restore his status. From what i understood, I think ur friend is in restoration period.