Refugee and LMIA
- Thread starter Camilo28
- Start date
As said above, an employer is the one who obtains the LMIA (not you). If you get an approved LMIA, you can certainly apply for a work permit however approval may be quite challenging due to the failed refugee claim. You would also need to go through the ARC process to be allowed to return. Long story short, you can definitely try applying for a work permit with an approved LMIA, but the chances of approval will most likely be on the lower side.
The company where I am currently working in Canada is willing to do what possible so that I and my family can return and they told me about the LMIA that would be a possible help
Your employer will have to file the LMIA. The employer must be eligible and the job must meet all conditions. Tell your employer to post the job for at least a month and prove that no one in Canada (PR, citizen or someone with a work permit) applied and was experienced. Once you have an approved LMIA, you can apply for a closed work permit. As mentioned given your denied claim getting a work permit may be a challenge, and you need an ARC to return. Good luck.
The company where I am currently working in Canada is willing to do what possible so that I and my family can return and they told me about the LMIA that would be a possible help
Your employer needs to go through all the requirements, paperwork and fees. They may want to hire a lawyer or get their HR department involved if unclear about the process. What is the NOC?
The company has the lawyer for that kind of process, I talked to the lawyer once and he told me that I had to be outside Canada to apply to the LMIA
Yes, since you have a failed refugee claim, getting a work permit from within Canada is not possible for you. You would need to be outside of Canada to apply for the work permit. However the issue will be getting the work permit approved. Having an approved LMIA does not guarantee the work permit will be approved. Since you are a failed refugee claimant, you should assume it will be difficult to get an approved work permit.
Also I applied for humanitarian because my baby born here in canada
Also I applied for humanitarian because my baby born here in canada
If your H&C application receives AIP (approval in principal), then you will be able to apply for an open work permit. This assumes you are able to remain in Canada and don't leave. If you are forced to leave Canada, the chances of getting a work permit approved from outside of Canada will be very low.