At Five Riverz Immigration, we strive to demystify the intricacies of the Labour Market Impact Assessment (LMIA) in Canada, shedding light on its types, key facts, and role in the implied status of foreign workers.
What is LMIA?
LMIA, or Labour Market Impact Assessment, is an application made by Canadian employers to Service Canada, seeking approval to hire temporary foreign workers. It's important to note that candidates or foreign workers cannot independently submit an LMIA application; only Canadian employers have the authority to initiate this process.
Types of LMIA:
1. LMIA (A) for Work Permit:
2. LMIA (A) for Permanent Residency:
3. Dual Intent LMIA:
Notably, candidates can be absent from Canada to apply for these LMIA types. However, having a foreign worker already employed with the employer on a previous LMIA-based work permit or an open work permit can enhance the chances of LMIA approval.
LMIA and Implied Status:
There often needs to be more clarity among candidates about implied status during an ongoing LMIA application. It's crucial to clarify that if a candidate's work permit is nearing expiry and an LMIA application is in process, they won't automatically transition to implied status in Canada.
To maintain implied status, a candidate must submit a work permit application, study permit application, or any relevant application to Immigration, Refugees, and Citizenship Canada (IRCC) before the current work permit expires. Failure to submit a timely application will require the candidate to cease working and explore alternative avenues to ensure a legal stay in Canada.
No, only Canadian employers can submit LMIA applications. Candidates cannot apply independently.
The foreign worker must not be in Canada for the LMIA application. However, previous employment history in Canada can strengthen the application.
No, implied status requires submitting a relevant application to IRCC before the current work permit expires.
Submit a work permit application or any relevant application to IRCC before the expiry to maintain implied status.
Thank you for choosing Five Riverz Immigration. Contact our dedicated team for more information and guidance on LMIA and work permits. Good luck with your immigration journey!
Book a Consultation