Would LMIA solve problem?

[wolfie23]

Asking for someone
If person is out of status in Canada can person still get a LMIA?
Will LMIA approval give person legal status?

 

[Naturgrl]

Asking for someone
If person is out of status in Canada can person still get a LMIA?
Will LMIA approval give person legal status?

No, it doesn’t given legal status as person still needs to file for a closed work permit. To apply within Canada, person needs valid status.

Eligibility requirements for visitors to apply for an employer-specific work permit
The foreign national

1. 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
2. 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]
3. has remained in Canada with status since application submission
4. submitted the application on or before February 28, 2023

 

[scylla]

Asking for someone
If person is out of status in Canada can person still get a LMIA?
Will LMIA approval give person legal status?

No.

An LMIA will not give you status.

You need to apply to restore your status. This is only possible if you are still within the 90 day window.

 

[Shahid12]

No, it doesn’t given legal status as person still needs to file for a closed work permit. To apply within Canada, person needs valid status.

Eligibility requirements for visitors to apply for an employer-specific work permit
The foreign national

1. 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
2. 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]
3. has remained in Canada with status since application submission
4. submitted the application on or before February 28, 2023

Can we apply this through flag poling?

 

[Naturgrl]

Can we apply this through flag poling?

Don't know. Depends on factors - status, citizenship, type of permit etc.

 

[Shahid12]

Don't know. Depends on factors - status, citizenship, type of permit etc.

Status: Visitor
Citizen : India
Closed work permit: LMIA Approved.

 

[Naturgrl]

Status: Visitor
Citizen : India
Closed work permit: LMIA Approved.

You can try. Have all documents and employment letters showing you match the LMIA NOC.

 

[Shahid12]

You can try. Have all documents and employment letters showing you match the LMIA NOC.

Thank you