Last Updated on October 15, 2015
Some individuals might have valid nominations from a province or territory for permanent residence. In addition, they might have employment or possess job offers from employers based in that specific province. The authorities have the ability to issue work permits to these individuals without requiring Labour Market Impact Assessments (LMIAs). However, the authorities would only consider applying this provision if the application for the work permit includes the following:
- The Offer of employment to a foreign national exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] and proof that the employer has paid the relevant employer compliance fee
- A copy of the nomination letter from the provincial or territorial government that confirms that the province has nominated the foreign national for permanent residence
- In some situations, it is possible that the nomination for permanent residence might have expired or lapsed
- In this scenario, a copy of the acknowledgement letter confirming that Citizenship and Immigration Canada (CIC) received the permanent residence application while the nomination was still valid AND,
- A statement from the province declaring that the province has determined that all the factors required for the authorities to issue the work permit under paragraph R204 (c) in accordance with its agreement with Canada have been met, especially those that identify the occupation and employer information
- Typically, the required factors include the following requirements:
- That the provincial based employer, who has made the foreign national a job offer in that province or territory, urgently requires the nominated individual
- This criterion precludes self-employed individuals given that the lack of an employer-employee relationship renders them ineligible for this type of work permit
- That the job offer is authentic and will create economic benefits or opportunities
- That the employment is not part time or seasonal and,
- That the wages and working conditions of the employment would be sufficient for attracting and retaining Canadian citizens
It is worth highlighting that the authorities would refuse all applications that do not include the requested information.
Situations could arise where officers come across people whose nominations have expired, but who have submitted applications for permanent residence before the expiry dates of their nominations. As such, these individuals would be awaiting their acknowledgement of receipt of the permanent residence application letter from Citizenship and Immigration Canada (CIC). These individuals would need to:
- Delay their applications for work permits under this provision until they obtain the acknowledgments of receipt
- Seek extensions of their certificates to the nominating jurisdictions or,
- Obtain Labour Market Impact Assessments (LMIAs)
The Instructions for Processing Officers
The processing officers would need to check that the duration of the work permits must be equivalent to the duration of the offer of employment. In some situations, the processing officers might find that the offer of employment is for a permanent duration. In this scenario, the officers would need to issue the work permits for a maximum duration of two years.
It is worth highlighting that in some situations, the processing officers might come across applications that have obvious potential medical, criminal or security concerns. In these cases, the processing officers would need to take the appropriate measures before they issue any work permits.
In addition, the processing officers would need to note that it is not necessary for Citizenship and Immigration Canada (CIC) to receive the foreign national’s application for permanent residence for the issuance of the work permit. The only time this would need to take place is in case the nomination has expired. In these cases, the foreign nationals would need to provide copies of the acknowledgement letters confirming that Citizenship and Immigration Canada (CIC) received Provincial Nominee Program (PNP) permanent residence applications along with their work permit applications.
Moreover, the officers would need to verify the Provincial Nominee Program (PNP) permanent residence applications in the Global Case Management System (GCMS). This would help in ensuring that the province has not withdrawn the nomination. In addition, it would help in confirming that the file contains no adverse information.
The processing officers would also come across spouses or common-law partners who have received nominations for permanent residence by provinces. These individuals are entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant. This is regardless of the skill level of the principal applicant’s occupation.
The processing officers would need to note that the legislative authority for Labour Market Impact Assessment (LMIA) exemptions for Quebec cases is paragraph R205 (a). Fore more details, processing officers would need to refer to LMIA-exempt work permit renewals and extensions for certain Certificat de sélection du Québec (CSQ) holders currently in Quebec. They could obtain this information from the website of Citizenship and Immigration Canada (CIC).