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ACS

Hero Member
May 30, 2013
728
20
Mississauga, Ontario
Category........
Visa Office......
Vegreville (now sent to CPC-M)
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2013
Doc's Request.
SA 06-11-2014/AIP 17-11-2014
AOR Received.
26-09-2013 (didn't get email-called CIC)
Med's Request
Sent With
Med's Done....
03-06-2013
Interview........
DM 02-02-2014
Background to our situation:

My husband arrived on a Visitor Visa in 2010. We applied for an extension of the Visitor Visa before the original expired, therefore he is on Implied Status. We applied for PR Inland in August 2013, along with an Open Work Permit. As the processing is so slow for Inland at the moment, and we know our application will take longer to process due to certain issues, we are unlikely to get the Open Work Permit any time soon.

We never got a response to our Visitor Visa extension, although we have a confirmation that they rec’d it, and were advised that it was transferred to Etobicoke, it seems to have gotten lost, and we never heard anything back again about it, although it is not a big deal, as we can prove we applied on time that my husband has Implied Status, and since the PR application is in process.

Here is my question:

A friend of ours is opening a Photography Business. He is not a Photographer, but is in business and the arts, and would like to open a Photography business and hire a Photographer. My husband is a Photographer (went to school for it, and is a part of a few international photography organizations). Is there any way without a work permit, that our friend can get him hired? Like if he posts ads online for other Photographers, but does not find someone that suits his needs, and he still wants to hire my husband, isn’t there some sort of Labour Market Opinion or something of that nature that would enable him to legally hire my husband prior to the Open Work Permit being received?

Or can someone direct me to where I could enquire or find more information about this?

Thanks in advance everyone! Your help and answers are truly appreciated!
 
Yes - it's certainly possible to get the proper paperwork to be able to work in Canada before the open work permit is issued.

To do this - your husband's employer will first have to obtain an approved LMIA (this is the new name for the old LMOs). This will involve advertising the job first for a month to prove no Canadian could be hired for the role. The employer will then have to pay a $1K processing fee and submit the LMIA application. Processing for LMIAs seems to be taking 6-16 weeks these days (most seem to be waiting around three months from what I have seen). If the LMIA is approved your husband will then be able to apply for a work permit. Once the work permit is approved, he will be able to start working.

Note that the job will have to be full time for an approved LMIA to be possible.

You can find more detailed information about the LMIA process here:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Hope this helps.
 
Great info! Thanks so much scylla! Truly appreciate how helpful you always are on this forum! :)