LMIA exempt clarification

[Ritii]

Here’s the situation-
PG work permit extension got refused. Applied for study permit on the last day of trv, got approved.

Now, the previous employer with which was working full time earlier is willing to help with closed work permit. The question- Is it possible to go for lmia exemption as the resignation was made on the same day pgwp extension got refused?

 

[canuck78]

Here’s the situation-
PG work permit extension got refused. Applied for study permit on the last day of trv, got approved.

Now, the previous employer with which was working full time earlier is willing to help with closed work permit. The question- Is it possible to go for lmia exemption as the resignation was made on the same day pgwp extension got refused?

What type of job is it? You would still need a work permit.

 

[Ritii]

What type of job is it? You would still need a work permit.

Technical Support. Is it possible to get work permit on the basis of lmia exemption? Or will need lmia?

 

[scylla]

Here’s the situation-
PG work permit extension got refused. Applied for study permit on the last day of trv, got approved.

Now, the previous employer with which was working full time earlier is willing to help with closed work permit. The question- Is it possible to go for lmia exemption as the resignation was made on the same day pgwp extension got refused?

As said above, it depends on your occupation. What's your NOC? Who is your employer?

 

[scylla]

Technical Support. Is it possible to get work permit on the basis of lmia exemption? Or will need lmia?

Most likely an LMIA is required.

Which province? Any chance you are working in French?

 

[Ritii]

As said above, it depends on your occupation. What's your NOC? Who is your employer?

NOC is 2282

 

[Ritii]

Most likely an LMIA is required.

Which province? Any chance you are working in French?

Ontario. No, it was in English.

 

[Ritii]

Most likely an LMIA is required.

Which province? Any chance you are working in French?

Even though, I have worked with them for over a year on my open work permit? And have already got ITA.

 

[scylla]

Even though, I have worked with them for over a year on my open work permit? And have already got ITA.

Based on the information you've provided, an LMIA is required. Yes, even though you've worked for the employer for a year and LMIA is still required.

ITA only helps you if you still hold a valid work permit now. If you still held a valid work permit now, had received ITA and had submitted your complete application, then you could apply for a BOWP. However this isn't possible since your work permit has already expired.

 

[Ritii]

Based on the information you've provided, an LMIA is required. Yes, even though you've worked for the employer for a year and LMIA is still required.

ITA only helps you if you still hold a valid work permit now. If you still held a valid work permit now, had received ITA and had submitted your complete application, then you could apply for a BOWP. However this isn't possible since your work permit has already expired.

I thought so. I was finding the information in chunks but wasn’t getting an exact answer. Thanks for the clarification.

One more thing, I’ll need lmia, is it bcz I do not have a valid work permit and am not working with them anymore or bcz of the type of work (technical support)?

 

[scylla]

I thought so. I was finding the information in chunks but wasn’t getting an exact answer. Thanks for the clarification.

One more thing, I’ll need lmia, is it bcz I do not have a valid work permit and am not working with them anymore or bcz of the type of work (technical support)?

It's really neither of those.

To qualify as LMIA exempt, you have to meet one of the LMIA exempt criteria.

 

[Ritii]

Based on the information you've provided, an LMIA is required. Yes, even though you've worked for the employer for a year and LMIA is still required.

ITA only helps you if you still hold a valid work permit now. If you still held a valid work permit now, had received ITA and had submitted your complete application, then you could apply for a BOWP. However this isn't possible since your work permit has already expired.

I thought so. I was finding the information in

It's really neither of those.

To qualify as LMIA exempt, you have to meet one of the LMIA exempt criteria.

Can I ask what are those criteria just to be clear?

 

[scylla]

Can I ask what are those criteria just to be clear?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

 

[Ritii]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

Thanks. I saw that one and couldn’t link it with my situation.
In the below mentioned link, under canadian interests-Significant benefit-general-> it says, technical workers. That made me do more search. But I guess that is not relevant to my case.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

 

[scylla]

Thanks. I saw that one and couldn’t link it with my situation.
In the below mentioned link, under canadian interests-Significant benefit-general-> it says, technical workers. That made me do more search. But I guess that is not relevant to my case.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

Recommend you read through the link below and specifically the paragraph I've provided and sections I've bolded.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canadian-interests-significant-benefit-general-guidelines-r205-c10.html

For requests for work permits based on significant economic benefit, where entry into the labour market is concerned, all practical efforts to obtain ESDC's assessment should be made before C10 is applied. Foreign nationals submitting an application for consideration under C10 should provide documentation supporting their claim of providing an important or notable contribution to the Canadian economy.