In some situations, people could have valid nominations from provinces and territories (PTs) for permanent residence. Therefore, they would have employment or a job offer from an employer based in those specific provinces. In these cases, the officers would need to use work permits without requiring Labour Market Impact Assessments (LMIAs).
For the officers to apply this provision, the applicants would need to ensure that their applications for work permits include:
- 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 employer compliance fee
- A copy of the nomination letter from the provincial or territorial government that confirms that they have nominated the foreign national for permanent residence
- In some situations, it is possible that the nomination might have expired
- In this scenario, the officers would need to obtain a copy of the acknowledgement letter that confirms 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 it has determined that all the factors needed for issuing a work permit under paragraph 204 (c) under its agreement with Canada have been met. This includes identifying the occupation and the employer information. The required factors typically include confirmations:
- That the provincial-based employer who made the foreign national a job offer in that province or territory (PT) urgently requires the nominated individual
- It is worth noting that self-employed persons are not eligible for this kind of work permit because of the lack of the employer-employee relationship
- That the job offer is genuine and will create economic benefits or opportunities
- That the employment is neither part-time nor seasonal and,
- That the wages and working conditions of the employment would be sufficient for attracting and retaining Canadian citizens
Officers would refuse applications that do not include the requested information. Some individuals might have expired nominations. However, they might have submitted an application for permanent residence prior to the expiry date of the nomination. As such, they might be waiting for their acknowledgement of receipt of the permanent residence application letter from the Citizenship and Immigration Canada (CIC). These individuals would need to:
- Delay their application for a work permit under this provision until they receive this acknowledgement of receipt of the permanent residence application letter from the Citizenship and Immigration Canada (CIC) or,
- Seek an extension of their certificate to the nominating jurisdiction or,
- Obtain a Labour Market Impact Assessment (LMIA)
Source: Citizenship and Immigration