Work permit LMIA time from inside Canada (Quebec)

[ismrgb]

Hi,

I'm in Canada on study permit but won't complete my program. I have an offer and employee wants to submit LMIA (regular or GTS) but says it'll take 6 months!
I read everywhere GTS is 2-3 weeks, anybody can confirm?
What about regular from inside Montreal, Quebec?

I think I'm eligible for facilitated LMIA (Electrical Eng. inside Quebec), correct?

Also, the website says I can start full-time once I submit WP application and don't have to wait for results? https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment-covid-19.html Any word on this?

Finally, website says employee can tell IRCC to prioritize LMIA processing since I'm in Canada and want to benifet from COVID temporary public policy? https://www.canada.ca/en/employment-social-development/services/foreign-workers/quebec/simplified-process.html Again, any info on this is appreciated.

Thanks in advance for your help.

 

[Naturgrl]

Hi,

I'm in Canada on study permit but won't complete my program. I have an offer and employee wants to submit LMIA (regular or GTS) but says it'll take 6 months!
I read everywhere GTS is 2-3 weeks, anybody can confirm?
What about regular from inside Montreal, Quebec?

I think I'm eligible for facilitated LMIA (Electrical Eng. inside Quebec), correct?

Also, the website says I can start full-time once I submit WP application and don't have to wait for results? https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment-covid-19.html Any word on this?

Finally, website says employee can tell IRCC to prioritize LMIA processing since I'm in Canada and want to benifet from COVID temporary public policy? https://www.canada.ca/en/employment-social-development/services/foreign-workers/quebec/simplified-process.html Again, any info on this is appreciated.

Thanks in advance for your help.

GTS is designated so ask your employer if approved to apply through GTS stream. City of processing doesn’t really matter.

Facilitated LMIA - ask employer if meets requirements. Your second link just states that employer in Quebec doesn’t need to advertise if meets requirements.

You must wait for results to work as you are on a study permit, not a work permit. The Covid policy allows people to stay in Canada while they wait for processing. It allows those on a work permit now to continue working if they have a new LMIA.

 

[ismrgb]

Thanks so much for your reply. Regarding your last point though, I understand differently from here
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment-covid-19.html

Individuals expected to benefit from these measures include foreign nationals who:

3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. (I have a study permit, I'm exempted if I work 20hrs per week but require WP for my new employee)
​

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified below if the foreign national:

1. is in Canada with valid temporary resident status;
2. meets the requirements of paragraphs 199(a) or 199(b) of the Immigration and Refugee Protection Regulations;
3. has submitted a work permit renewal application under subsection 201(1) of the Immigration and Refugee Protection Regulations to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made, or has submitted a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
4. intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
5. has applied for the public policy exemption using the electronic means identified by the department for that purpose; and
6. has requested that the exemption be applicable until a decision is made on their work permit application.

No Idea how to do steps 5 & 6 though if that actually applies to me.

Thanks again.

 

[ismrgb]

GTS is designated so ask your employer if approved to apply through GTS stream. City of processing doesn’t really matter.

Facilitated LMIA - ask employer if meets requirements. Your second link just states that employer in Quebec doesn’t need to advertise if meets requirements.

You must wait for results to work as you are on a study permit, not a work permit. The Covid policy allows people to stay in Canada while they wait for processing. It allows those on a work permit now to continue working if they have a new LMIA.

Thanks so much for your reply. Regarding your last point though, I understand differently from here
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment-covid-19.html

Individuals expected to benefit from these measures include foreign nationals who:
3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. (I have a study permit, I'm exempted if I work 20hrs per week but require WP for my new employee)

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified below if the foreign national:

1. is in Canada with valid temporary resident status;
2. meets the requirements of paragraphs 199(a) or 199(b) of the Immigration and Refugee Protection Regulations;
3. has submitted a work permit renewal application under subsection 201(1) of the Immigration and Refugee Protection Regulations to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made, or has submitted a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
4. intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
5. has applied for the public policy exemption using the electronic means identified by the department for that purpose; and
6. has requested that the exemption be applicable until a decision is made on their work permit application.

No Idea how to do steps 5 & 6 though if that actually applies to me.

Thanks again.

 

[Naturgrl]

Thanks so much for your reply. Regarding your last point though, I understand differently from here
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment-covid-19.html

Individuals expected to benefit from these measures include foreign nationals who:

3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. (I have a study permit, I'm exempted if I work 20hrs per week but require WP for my new employee)​

​

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified below if the foreign national:

1. is in Canada with valid temporary resident status;
2. meets the requirements of paragraphs 199(a) or 199(b) of the Immigration and Refugee Protection Regulations;
3. has submitted a work permit renewal application under subsection 201(1) of the Immigration and Refugee Protection Regulations to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made, or has submitted a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
4. intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
5. has applied for the public policy exemption using the electronic means identified by the department for that purpose; and
6. has requested that the exemption be applicable until a decision is made on their work permit application.

No Idea how to do steps 5 & 6 though if that actually applies to me.

Thanks again.

This policy has been around for a few years. You have a study permit (just like people on a visitor visa) and are not exempt. This policy benefits those who are on a valid closed or open work permit, who are changing jobs with a new LMIA.

Individuals expected to benefit from these measures include foreign nationals who:
3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. (I have a study permit, I'm exempted if I work 20hrs per week but require WP for my new employee)

Work permit exempt are those under the International Mobility Program. Not students.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html

3. You are not submitting a “new” work application because you don’t have a work permit.
4. You don’t have a LMIA and/or open work permit so you are not applying to a new employer.

 

[ismrgb]

More (from this page https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html)

Target populations

Individuals expected to benefit from these measures include foreign nationals who

3. are work permit exempt [R186(b) to (x)], but require a work permit to work in a new occupation or for a new employer .​

https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

Eligibility requirements

The foreign national

1. is in Canada with valid temporary resident status (including implied status);
2. held a valid work permit or was authorized to work without a work permit under paragraphs 186(b) to (x) of the Immigration and Refugee Protection Regulations (IRPR) when their application for a new work permit or work permit renewal in Canada was submitted;
3. has submitted a new work permit application or a work permit renewal application in Canada for an employer-specific work permit, for which a decision has not yet been made;
4. intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
5. has applied for the public policy exemption using the electronic means identified by the department for that purpose; and
6. has requested that the exemption be applicable until a decision is made on their work permit application.
   
   and this is 186, my case is (v) I think
   https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

 

[ismrgb]

This policy has been around for a few years. You have a study permit (just like people on a visitor visa) and are not exempt. This policy benefits those who are on a valid closed or open work permit, who are changing jobs with a new LMIA.

Individuals expected to benefit from these measures include foreign nationals who:
3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. (I have a study permit, I'm exempted if I work 20hrs per week but require WP for my new employee)

Work permit exempt are those under the International Mobility Program. Not students.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html

3. You are not submitting a “new” work application because you don’t have a work permit.
4. You don’t have a LMIA and/or open work permit so you are not applying to a new employer.

Oh. sorry I didn't see the previous reply. I might be misunderstanding it. In any case, thanks a lot for your help.