• Posted 30-Sep-2020

LMIA Canada - Types - Facts - implied Status

Let’s talk about LMIA today and how it works, what is an LMIA, and what LMIA contributes towards the implied status of a foreign worker.

So LMIA a label market impact assessment, it is an application that Canadian employer makes to service Canada to hire temporary foreign workers.

I would like to clarify that a candidate or foreign worker who wants to work in Canada cannot submit an LMIA application on its own.

It is submitted by Canadian employer only and Canadian employer has the right to put Candidate’s name or Canadian employer can apply it as unnamed add the candidate’s name again, Canadian employer can also change the name after an LMIA application is approved on the name of a particular candidate.

There are three types of LMIA’s

LMIA (A) for a work permit, LMIA (A) to support the permanent residency of foreign workers in Canada and dual intent LMIA which serves both, it’s about permanent residency of a foreign worker in Canada and it also helps to a foreign worker to get the work permit.

So, to apply all three types of LMIA, it is not required that candidate or foreign worker must be in Canada already, however it is more feasible and more easier for employer to get approved if the foreigner worker is already employed with employer on a previous LMIA based work permit or an open work permit.

Now let’s talk about LMIA and implied status. Candidate gets confused that if they have an LMIA application in process and their current work permit is about to expire they were automatically going on employed status in Canada.

That is not correct LMIA application goes to service Canada and in order to be on implied status in Canada a candidate must submit work permit application or study permit application 
Or visitor application some kind of application to immigration refugees and citizenship Canada.
So, in this particular case if your employer has submitted an LMIA application and your current work permit is about to expire you will not automatically go on implied status until or unless you submit 

Your work permit application to immigration refugees and citizenship Canada.
If you do not submit a work permit application before the expiry of current work permit then you must stop working and find out the ways to keep your legal stay in Canada.

Thank you so much for watching and good luck with your process.