Out of status but got positive LMIA

[pinkbug]

Hi there, Just want to make an inquiry, of a person who is an out of status in Canada but received a positive LMIA, can that person still eligible to apply for a work permit in Canada? And if it is a Supervisor LMIA, can it be use to apply for Express Entry even that person is out of status? Your response is highly appreciated. Thanks

 

[scylla]

If the person has been out of status for 90 days or more, then they must leave the country to apply for a work permit. They cannot obtain a work permit from within Canada.

Yes - you should be able to use the LMIA to apply for EE. Make sure you are honest in your application about your status in Canada.