Work permit extensions may be filed during pendent LMIA

19 Sep 14

CANADA

IMPACT – MEDIUM

What is the change? Citizenship and Immigration Canada will now accept work permit extension applications while a labor market impact assessment (LMIA) application is pending.

What does the change mean? Companies do not need to wait until their LMIA is approved before filing a work permit extension.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Work permit extensions.
  • Who is affected: Companies filing work permit extensions for LMIA-subject jobs.
  • Impact on processing times: The change will reduce overall time frames as the two applications may be filed concurrently.
  • Business impact: This is a return to previous procedures, which provide greater flexibility for employers.

Background: Last month, Citizenship and Immigration Canada (CIC) announced that it would not accept work permit filings or extensions until after an employer obtained an approved LMIA.

The CIC has now removed that provision and will resume accepting work permit applications and extensions while an LMIA is pending.

BAL Analysis: The reversal in policy is welcomed by employers as it provides more flexible timing of filings.

This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.