Canada Work Permits: Steps to Take if Your LMIA is Delayed
Canada Work Permits and LMIA Delays: What to Do?
Welcome! If you want to work in Canada, you need to understand work permits and the LMIA (Labour Market Impact Assessment) process. Sometimes, there are delays in these processes, which can be frustrating.
In this guide, we will explore what causes these delays and what you can do to manage them effectively. By understanding the steps you can take, you will be better prepared to handle any issues and continue your journey to work in Canada smoothly.
Introduction to LMIA and Work Permits
A work permit allows you to work in Canada. Sometimes, you need an LMIA before you can get a work permit. An LMIA shows that no Canadian worker is available for the job, so a foreign worker is needed.
Key Points:
LMIA is necessary for many jobs.
LMIA is processed by ESDC (Employment and Social Development Canada).
Work permits are issued by IRCC (Immigration, Refugees and Citizenship Canada).
Understanding LMIA Delays
Currently, many people face delays in getting their LMIAs. This can cause problems for employers and workers. The delays can be due to many applications or the need for compliance checks.
Typical Processing Times:
High-Wage LMIA: 9 days to several months
Low-Wage LMIA: Up to 6 months or more
Example: A company submitted two LMIAs in February. One high-wage LMIA was approved in 9 days. The low-wage LMIA took 4 months and was approved in June.
Steps to Take if Your LMIA is Delayed
If your LMIA is delayed and your work permit is about to expire, you can take these steps:
Apply for Work Permit Extension:
Apply for an employer-specific work permit.
Use the LMIA number and proof of submission (like a screenshot).
Maintain Your Status:
If your status expires soon, apply within two weeks before it ends.
This helps you stay on “maintained status” while waiting.
Communicate with IRCC:
Update IRCC within 60 days if your LMIA is still processing.
Use the IRCC web form to send updates and screenshots.
Request an extension if needed.
Important Note: Always keep IRCC informed. They do not automatically know the status of your LMIA.
Communication Between IRCC and ESDC
IRCC and ESDC share some information, but not all. It is your responsibility to keep IRCC updated about your LMIA status.
Tips:
Include proof like payment receipts or email confirmations.
Regularly check with ESDC for updates.
Good News: ESDC officers are helpful and available for calls and emails. This helps in resolving issues faster.
FAQs
Q: What happens if my LMIA takes too long?
A: Keep IRCC updated about the delay. Request an extension for your work permit application.
Q: Can I start working while my LMIA is delayed?
A: If you are on “maintained status,” you can continue working. Otherwise, wait for the LMIA approval.
Q: How can I speed up the LMIA process?
A: Follow all guidelines carefully, provide complete information, and stay in touch with ESDC.
Q: What if my work permit application is refused due to LMIA delay?
A: You can reapply and include the updated LMIA information once you receive it.
Q: Is there a difference in processing times for different types of LMIAs?
A: Yes, high-wage LMIAs may be processed faster than low-wage ones. Processing times can vary widely.
Conclusion
Navigating work permits and LMIA delays can be challenging. Stay proactive and keep all parties informed. With patience and proper steps, you can successfully manage these delays.
Remember: Keep updating IRCC, communicate with ESDC, and always maintain your status.
Good Luck! We hope to see you working in Canada soon.
