Hello All, my parents are here on super visa, can my mum apply to employer specific work permit (without LMIA)? What will happen to the super visa (bearing in mind that it is 10 years). My dad will not be working, will be also need to change his visa as a dependant or will he continue with his super visa
Super visa to employer specific work permit
- Thread starter Rubydairy
- Start date
Correct me if I'm wrong, my understanding, based on the information below is that the requirements have been updated and currently, no LMIA is required is the switching from visitor to employer specific work permit, unless it's is the interim authorization to work.
"
Eligibility requirements for visitors to apply for an employer-specific work permit
The foreign national
- is in Canada with valid temporary resident status as a visitor, including status extensions under subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR), that is, maintained status, at the time of work permit application submission
- has submitted an employer-specific work permit application using the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]
- has remained in Canada with status since application submission
- submitted the application on or before February 28, 2023"
This policy has been in place for a few years and allows visitors to apply for a employer-specific work permit. To apply for an employer-specific work permit, she needs a LMIA. It just means she can wait in Canada while the LMIA and work permit is being processed. You only pasted part of the link. You need to read the whole document.
“Applicants must submit a complete employer-specific work permit application, including a Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment and, if applicable, a Quebec Acceptance Certificate (CAQ).”
That's an incorrect interpretation of the above. All this rule does is allow visitors to Canada to apply for a work permit from within Canada (rather than being forced to send the application outside of Canada). It doesn't allow you to by-pass the LMIA requirement or make the work permit LMIA exempt. The LMIA is still required.
Thanks for the clarification, I was thinking that part only applies to those applying for interim authorization to work.
That's an incorrect interpretation unfortunately.
What kind of job / occupation is she applying for? There are some circumstances where an LMIA is not required. But it would have to be based on another policy or rule. This policy/rule isn't it and does not exempt her from an LMIA. What is the NOC of her job offer?
She doesn't have a job offer at this time, just searching for options and getting things right before starting
So if she begins job searching, she will need to be upfront that she doesn’t have work authorization and the employer will need to file a LMIA, pay the $1k and then the employer will have to wait for approval. Even with approved LMIA, she can’t work but must file for work permit. She can wait within Canada.
Agreed with the advice above. Her employer will need to obtain an approved LMIA in order for her to qualify for a closed work permit. She should be open with employers about this requirement up front given the cost, time and work effort involved.
Hi everyone. I'm a visitor, being inside Canada and just got an offer letter as a babysitter for a Canadian's family. Can I apply for a closed working permit under the programme of child caregiver? I've learned that the IRCC just closed the programme of home childcare .
Here is the link for the family to begin the process. The family will need to show that they posted the job on websites and couldn’t hire a Canadian or PR. The offer must be full-time and the wage must be the average wage for your region. Once LMIA processed and approved (months), then you apply for a closed work permit.
https://www.canada.ca/en/employment-social-development/services/foreign-workers/caregiver.html