LMIA

[jnkoo]

Hi! I found an employer willing to grant me one of her LMIAs. Thing is the LMIA is already assigned to another person, but this person will no longer use the LMIA. They are re-assigning the LMIA to me and I signed up with an immigration consultant that the employer is currently working with for further assistance. Now after signing up, the immigration consultant says that the LMIA portal/system has been down for 2-3wks already and they cannot make changes as of the moment, saying I should wait for a few weeks. Is this true? Thank you

 

[Naturgrl]

It has been down, yes. It may be up again.

 

[Tej02]

Hi,

A company is willing to sponsor my work permit, but their business licence is expired in 2019 and their Canadian accountant says that they do not need a business licence as they are already licenced in the USA and if they have to file for a business licence then they have to change the company name, but the third part attorney says that they cannot file LMIA without a business licence. Is this true? or what can be done in this case? how can the company file LMIA for me?

Someone, Please guide me through this. Thank you

 

[scylla]

Hi,

A company is willing to sponsor my work permit, but their business licence is expired in 2019 and their Canadian accountant says that they do not need a business licence as they are already licenced in the USA and if they have to file for a business licence then they have to change the company name, but the third part attorney says that they cannot file LMIA without a business licence. Is this true? or what can be done in this case? how can the company file LMIA for me?

Someone, Please guide me through this. Thank you

This might help:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html

 

[Tej02]

Thank you, This might be helpful

 

[Tej02]

Hi!! My husband and I have applied for Canada PR and are waiting for it to process, meanwhile as a spouse can I apply for an Open work permit, if the employer is not able to do my LMIA?
I live in the USA, any idea on what will be the estimated timeline on how long will it take if I apply for my open work permit now?
I was thinking of applying as the spouse of a primary applicant who applied for a PR.
Can someone please help me understand the timeline and if I can do that.

Thank you

 

[scylla]

Does your spouse already hold a Cand

Hi!! My husband and I have applied for Canada PR and are waiting for it to process, meanwhile as a spouse can I apply for an Open work permit, if the employer is not able to do my LMIA?
I live in the USA, any idea on what will be the estimated timeline on how long will it take if I apply for my open work permit now?
I was thinking of applying as the spouse of a primary applicant who applied for a PR.
Can someone please help me understand the timeline and if I can do that.

Thank you

Does your spouse already hold a Canadian work permit or a study permit?

How have you applied for PR?

 

[Tej02]

Does your spouse already hold a Cand


Does your spouse already hold a Canadian work permit or a study permit?

How have you applied for PR?

Hi There,

No, my husband does not have a work permit or a study permit.

We applied as a skilled workers.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

I saw on this website that a dependent family member of someone who applied for permanent residence can apply for an open work permit.

Thank you.

 

[scylla]

Hi There,

No, my husband does not have a work permit or a study permit.

We applied as a skilled workers.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

I saw on this website that a dependent family member of someone who applied for permanent residence can apply for an open work permit.

Thank you.

When you say you applied through skilled workers, I assume you mean Express Entry?

Assuming so, there is no open work permit available to you.

As stated in the link above, there are additional requirements you would need in order to qualify for an open work permit. If your husband has neither a work permit nor a study permit, this criteria isn't going to be met. Otherwise everyone who has applied for EE would already be in Canada on open work permits (which they obviously are not).

I assume you yourself also do not currently have a Canadian closed work permit but are outside of Canada.

Your options are to wait for PR to be approved to be able to start working. Or to go through the closed work permit process by first securing a job offer in Canada and then having your employer go through the LMIA process (there are some exceptions to this).

 

[Tej02]

Thank you so much for the information

 

[afc1]

Hi! Quite a specific situation and looking for some advice:

I have applied for PR via EE-FSW (Outland) - AoR Jan 2021.
I have been offered a job with an LMIA from March/April 2022 for spring/summer (6 months approx).

Would I be eligible to apply for a BOWP when my LMIA expires if my PR decision has still not been made? I know that this would be 18+ months after my initial PR application, but my GCMS notes say "Review Required" and with the current delays on FSW-O, I can't guarantee I will have my CoPR by then!

It looks as if I'd be eligible, but I think I am unique that I applied for PR via FSW before the LMIA visa, so just hoping for some guidance.

Jan 2021: AoR - EE-FSW(O)
Mar 2021: LMIA visa
Sep 2021: LMIA expiry

@legalfalcon any ideas?

Thank you!

 

[legalfalcon]

Hi @legalfalcon just wondering if you have any ideas on this? Thanks in advance!

Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit
• be the principal applicant on your permanent residence application
• have submitted a complete application for permanent residence and passed the completeness check
• have your acknowledgement of receipt letter
  • we send this letter to your account after we get your permanent residence application