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Refugee claiment to LMIA

Selva905

Member
Apr 29, 2022
14
0
Hi I'm in refugee claiment status ( appeal in federal court) if I withdraw my application from federal and apply for LMIA?
 

scylla

VIP Member
Jun 8, 2010
92,821
20,488
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
Hi I'm in refugee claiment status ( appeal in federal court) if I withdraw my application from federal and apply for LMIA?
Nope. Unfortunately not possible.

To qualify for a work permit under an LMIA, you need to have valid status in Canada. Refugee claimants are not classified as having valid status in Canada.

Withdrawing your refugee claim will trigger a removal order.
 
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Selva905

Member
Apr 29, 2022
14
0
But if I withdraw my application and back to my home country after that I can apply for LMIA or PNP? Is that possible?
 

scylla

VIP Member
Jun 8, 2010
92,821
20,488
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
But if I withdraw my application and back to my home country after that I can apply for LMIA or PNP? Is that possible?
LMIA + work permit will be difficult and the work permit likely will not be approved due to the fact that you previously claimed refugee status in Canada.

Applying for PR through PNP is certainly possible. Once the PNP application is fully processed and approved and your PR visa is issued, you'll be able to return to Canada. You should expect this will likely take a couple of years.
 

scylla

VIP Member
Jun 8, 2010
92,821
20,488
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
But during in refugee claiment status I can't apply for LMIA?
The employer can certainly apply for an LMIA while you are a refugee claimant.
 

scylla

VIP Member
Jun 8, 2010
92,821
20,488
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
D

yes is that possible. And I have a own small business too is there is any options?
No options that would allow you to withdraw the refugee claim and remain in Canada.

Any options involving LMIAs require you to leave Canada and likely be outside of Canada for a couple of years.
 

Simba112

VIP Member
Mar 25, 2021
4,332
1,569
NO. You can not...After your refugee claim, you cease to become temporary resident and lose requirement for In Canada LMIA. Applying from outside of Canada will also be difficult because of failed refugee claim record

As per R202 of IRPR, applicants who are issued a work permit under section R206 do not, by reason only of being issued a work permit, become temporary residents.
 

Selva905

Member
Apr 29, 2022
14
0
NO. You can not...After your refugee claim, you cease to become temporary resident and lose requirement for In Canada LMIA. Applying from outside of Canada will also be difficult because of failed refugee claim record

As per R202 of IRPR, applicants who are issued a work permit under section R206 do not, by reason only of being issued a work permit, become temporary residents.
What about PNP?