LMIA

[chickpeas]

hi all.

I got my work permit application refused last week.. i believe i can responds to the concerns mentioned in my refusal letter but the problem is that my lmia expired during the processing of my application. can i still reapply on same lmia or do i have to get a new one?

please respond.

 

[scylla]

If you want to reapply - you need to have a valid LMIA. So your employer will need to obtain a new LMIA before you can reapply.

 

[chickpeas]

:'( thanks

 

[sherry1416]

Pls help. How can we verify the approved LMIA letter with the application no. ?

 

[gta88]

If you want to reapply - you need to have a valid LMIA. So your employer will need to obtain a new LMIA before you can reapply.

Hi Scylla,
I am confused about LMIA. My cousin sister is on an open work permit working in NOC A position. The open work permit expires in 3 months. With 2 years of Canadian experience, she is eligible for CEC but low on scores. Employer is willing to support LMIA. We are unable to understand whether the employer should be going for a LMIA based job offer that would give her 50 points or LMIA based work permit? I heard that LMIA takes 4 to 6 months. So what if open work permit expires before that? Should she stop working ?
I read on some posts about unnamed and named LMIA. Can you share your experience in this scenario? Thank you

 

[canuck_in_uk]

Hi Scylla,
I am confused about LMIA. My cousin sister is on an open work permit working in NOC A position. The open work permit expires in 3 months. With 2 years of Canadian experience, she is eligible for CEC but low on scores. Employer is willing to support LMIA. We are unable to understand whether the employer should be going for a LMIA based job offer that would give her 50 points or LMIA based work permit? I heard that LMIA takes 4 to 6 months. So what if open work permit expires before that? Should she stop working ?
I read on some posts about unnamed and named LMIA. Can you share your experience in this scenario? Thank you

At this point, there is pretty much no chance of the LMIA being processed before her current permit expires.

If the employer is willing to pay the $1000 fee, they can apply for the dual purpose LMIA; if approved, it can be used for the job offer points and for a work permit. If they aren't willing to pay the fee, they can apply for the PR support LMIA; if approved, it can be used for the points but not a work permit.

If they apply for the dual purpose LMIA before her work permit expires, she can apply for an extension while it processes and continue working. https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17.

If they aren't going to apply for the dual purpose LMIA before her current permit expires, she will have to apply to change her status to visitor prior to expiry and stop working at expiry.

If they apply for the PR only LMIA, she will have to apply to change her status to visitor and stop working when her work permit expires.

Not sure why you are asking about named vs. unnamed. The employer must apply for the LMIA in her name.

 

[scylla]

Hi Scylla,
I am confused about LMIA. My cousin sister is on an open work permit working in NOC A position. The open work permit expires in 3 months. With 2 years of Canadian experience, she is eligible for CEC but low on scores. Employer is willing to support LMIA. We are unable to understand whether the employer should be going for a LMIA based job offer that would give her 50 points or LMIA based work permit? I heard that LMIA takes 4 to 6 months. So what if open work permit expires before that? Should she stop working ?
I read on some posts about unnamed and named LMIA. Can you share your experience in this scenario? Thank you

The employer should apply for a dual intent LMIA which supports the PR application by giving the 50 points and also allows yoru cousin to extend her work permit. Yes, LMIAs typically take 4-6 months to obtain so your cousin is very short on time. Yes, she will need to stop working if she cannot get a new LMIA/work permit in time. In that case she should apply to change her status to visitor and stop working.

 

[gta88]

At this point, there is pretty much no chance of the LMIA being processed before her current permit expires.

If the employer is willing to pay the $1000 fee, they can apply for the dual purpose LMIA; if approved, it can be used for the job offer points and for a work permit. If they aren't willing to pay the fee, they can apply for the PR support LMIA; if approved, it can be used for the points but not a work permit.

If they apply for the dual purpose LMIA before her work permit expires, she can apply for an extension while it processes and continue working. https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17.

If they aren't going to apply for the dual purpose LMIA before her current permit expires, she will have to apply to change her status to visitor prior to expiry and stop working at expiry.

If they apply for the PR only LMIA, she will have to apply to change her status to visitor and stop working when her work permit expires.

Not sure why you are asking about named vs. unnamed. The employer must apply for the LMIA in her name.

Thank you @canuck_in_uk
So should she specifically request her employer to go for 'Dual purpose' LMIA?
Also, from your reply, am I correct in understanding that PR LMIA is free of cost and $1,000 CAD is only for Dual purpose/WP LMIA?

Also, is it true that PR LMIA will be processed faster compared to the WP LMIA or both have same timelines which is 3 to 6 months?
Thanks again.

 

[gta88]

Thank you @scylla
As per this link shared by Canuck_in_uk, can she continue working after LMIA Application submission and Closed WP Application submission ? https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

or is this relevant for Closed work permit to closed work permit extension?

 

[scylla]

Thank you @scylla
As per this link shared by Canuck_in_uk, can she continue working after LMIA Application submission and Closed WP Application submission ? https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

or is this relevant for Closed work permit to closed work permit extension?

She can. But you're very short on time and at risk of having the work permit application refused before the LMIA is approved. If that happens, that will put her in Canada without status - at which points she will need to stop working and apply to restore her status. Restoration applications can take many months to process.

As long as you're prepared for the fact this may happen, go ahead as planned.

If the work permit is refused, any work experience she gained while on implied status cannot be counted towards PR. Also, you generally cannot apply for PR through CEC/FSW/EE while out of status in Canada.

 

[gta88]

She can. But you're very short on time and at risk of having the work permit application refused before the LMIA is approved. If that happens, that will put her in Canada without status - at which points she will need to stop working and apply to restore her status. Restoration applications can take many months to process.

As long as you're prepared for the fact this may happen, go ahead as planned.

If the work permit is refused, any work experience she gained while on implied status cannot be counted towards PR. Also, you generally cannot apply for PR through CEC/FSW/EE while out of status in Canada.

Scylla, so are you saying that the WP application won't be 'pending' if it reaches it's last stage and LMIA is not approved by then AND it would be eventually refused?

 

[scylla]

Scylla, so are you saying that the WP application won't be 'pending' if it reaches it's last stage and LMIA is not approved by then AND it would be eventually refused?

Not sure what you mean by pending. She will have implied status. If the LMIA is approved in time and the work permit is approved, no issues. If the LMIA is not approved in time or if the LMIA is refused, the application will most likely be rejected (due to not having an approved LMIA) which will then put her out of status in Canada effective the day her current work permit expired.

 

[gta88]

Not sure what you mean by pending. She will have implied status. If the LMIA is approved in time and the work permit is approved, no issues. If the LMIA is not approved in time or if the LMIA is refused, the application will most likely be rejected (due to not having an approved LMIA) which will then put her out of status in Canada effective the day her current work permit expired.

Thank you very much!!
So overall it looks like she would have to be prepared to stop working and apply for visitor visa and get going with the LMIA application as soon as possible.

 

[gta88]

Not sure what you mean by pending. She will have implied status. If the LMIA is approved in time and the work permit is approved, no issues. If the LMIA is not approved in time or if the LMIA is refused, the application will most likely be rejected (due to not having an approved LMIA) which will then put her out of status in Canada effective the day her current work permit expired.

That actually triggers one more question.
I understood when you said that work experience gained while on implied status cannot be counted. But can she continue to work and earn if LMIA Application and WP Application are submitted before OWP expiry?
I understand that she would have to stop working if closed work permit application is refused. But until then, could she work inorder to manage her living expenses.

 

[scylla]

That actually triggers one more question.
I understood when you said that work experience gained while on implied status cannot be counted. But can she continue to work and earn if LMIA Application and WP Application are submitted before OWP expiry?
I understand that she would have to stop working if closed work permit application is refused. But until then, could she work inorder to manage her living expenses.

She can work until the work permit is either refused or approved.