Validity of LMIA

[MrGreen]

Hi experts, I need your help.

I have been working in Canada for more than one year.
1. My current employer is ready to give me an offer letter for one year (if I get the PR).
2. I currently have a Work Permit.
3. The LMIA that was used to get the Work Permit expired in November 2019.

Does my employer need a fresh LMIA? Please advise me accordingly.

 

[thevisawhisperer]

No, the job offer has to be on the basis of an LMIA-based work permit, not the LMIA itself.

 

[MrGreen]

No, the job offer has to be on the basis of an LMIA-based work permit, not the LMIA itself.

So, for the question in Express Entry Profile, "Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?", should I select "No"?

 

[thevisawhisperer]

If you have a job offer that conforms to the requirements and the work permit you currently have was obtained with an LMIA then the answer is yes. What I'm saying is that the LMIA does not itself need to still be valid. The work permit has to have been LMIA-based.

82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

• i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) [i.e., an LMIA] with respect to the skilled worker’s employment with their current employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,
• (ii) the skilled worker is working for an employer specified on the work permit, and
• (iii) that employer has offered arranged employment to the skilled worker;