LMO & Express Entry

[Makeit]

Hey guys

I am currently in Canada on a 2 year IEC visa which expires later this year.

My company is currently advertising my job as per the requirements of the LMO, which I am doing with the view to Express Entry

This will be a dual intent LMO.

My question is: What do I need to do when/if they get a positive LMO answer?

Do I need a temporary work permit to keep me covered whilst my EE is processed and if so what is the correct form for this?

I find the government website very confusing and unclear as to what is required.

Any and all advice is greatly appreciated!

Thanks!

 

[Asivad Anac]

A dual intent LMIA, by definition, provides you work status till your PR decision is made.

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

 

[Makeit]

Thanks for the reply!

Are you SURE about that, see the following and particularly the bits in bold:

The positive LMIA letter supports both the skilled worker’s application to CIC for a:

permanent resident visa under the FSWP, FSTP and CEC
work permit, if the employers wishes the foreign worker to start working while waiting for the outcome of the application for the permanent resident visa.
Once the positive LMIA letter is received, it is the employer's responsibility to:

• send a copy of this letter and Annex A to the foreign worker;
ask the foreign national to apply to the appropriate Canadian Visa Office, for a permanent resident visa to immigrate to Canada, or/and for a work permit. The foreign national must submit the appropriate application along with a copy of the:
written job offer signed by both the employer and the worker; and
positive LMIA letter and Annex A.

It looks to me like the positive LMO only SUPPORTS an application for a work permit to cover you for work during the wait for EE being processed?

By this I mean: Th positive LMO can be used to apply for a work permit to cover the time until a postive EE is received.

Open to any and all feedback!

Thanks for the reply!

 

[Asivad Anac]

Yes. A positive response on the dual-intent LMIA can assure you an ITA and that work permit to cover the gap between application submission and decision but cannot assure a positive decision on the PR.

 

[Makeit]

Really? I interpret it as the positive dual intent LMO *supports* an application for the permit. I cant see how it actually removes the need for a work permit to cover the time for EE processing.

So my question is: Do I need to APPLY for a permit if I get the postive LMO? If so, which permit?


This is all very confusing, thanks for your input Asivad, it is much appreciated.

 

[Asivad Anac]

As you indicated earlier, it supports your application for a temporary work permit (which will be in force till a decision is made on your PR application). I imagine that this 'support' for application is just bureaucratic speak for 'almost certain' to give you a temporary work permit.

 

[Makeit]

I imagine that this 'support' for application is just bureaucratic speak for 'almost certain' to give you a temporary work permit.

Yes - this is the bit I am unsure of, is the dual intent LMO an application for BOTH a work permit AND support for EE?

Does a positive dual intent LMO mean I actually HAVE a work permit?

I still dont know if I will need to actually apply for this work permit and that is the question that needs answered.

Thanks again for all your input!

 

[Asivad Anac]

It is only a means to both the ends - PR application and Temporary work permit. Not an end in itself for either of those.

 

[purplesnow]

If they've paid the $1000 for the LMIA application for you, and it comes back positive, so far as I know you would then have a temp permit in the system but would need to go to the border with your papers to get it and activate it.

 

[Makeit]

It is only a means to both the ends - PR application and Temporary work permit. Not an end in itself for either of those.

So this contradicts your initial answer of "A dual intent LMIA, by definition, provides you work status till your PR decision is made."

Now I am DEFINITELY unclear as to what needs done!

 

[Asivad Anac]

So this contradicts your initial answer of "A dual intent LMIA, by definition, provides you work status till your PR decision is made."

Now I am DEFINITELY unclear as to what needs done!

Not really. I still maintain that when they say 'support' your work permit, that is officialese for saying it is 'almost certain'. What you will need to check with your organization (and their legal counsel) is the exact nuts and bolts of the mechanism of obtaining work authorization status after getting a positive LMIA decision.

 

[PP1992]

Hello,
Do you know if I will be eligible under EE If the LMIA is expired but the contract is still valid with the employer?

 

[Makeit]

Not really. I still maintain that when they say 'support' your work permit, that is officialese for saying it is 'almost certain'. What you will need to check with your organization (and their legal counsel) is the exact nuts and bolts of the mechanism of obtaining work authorization status after getting a positive LMIA decision.

You could have just said you had no idea and I would have stopped pestering you for answers

Thanks for the input though, appreciated.

 

[Asivad Anac]

You could have just said you had no idea and I would have stopped pestering you for answers

Thanks for the input though, appreciated.

Sure. I haven't personally been through the nuts and bolts of this particular process yet (purplesnow has taken a shot at replying about that) so I have no idea of the intricacies but I do know that a dual-intent LMIA, by definition, provides you work status in Canada till your PR decision is made.

And I'm not sure you will find anyone on this forum who has working details of the dual-intent LMIA + EE combo because it is just too new a process.

All the best!

 

[amira_mais]

a dual-intent LMIA, by definition, provides you work status in Canada till your PR decision is made.

No, the LMIA does not provide legal working status in and of itself. You need to attach the positive LMIA to your work permit application. You can only work as long as you have a valid work permit, whether you've completed the PR process by then or not.

The original poster had already found the relevant information on ESDC's website which tells the employer to:
- send a copy of this (LMIA) letter and Annex A to the foreign worker;
- ask the foreign national to apply to the appropriate Canadian Visa Office, for a permanent resident visa to immigrate to Canada, or/and for a work permit. The foreign national must submit the appropriate application along with a copy of the:
- written job offer signed by both the employer and the worker; and
- positive LMIA letter and Annex A.