CIC Will Again Accept Work Permit Extensions Where LMIA is Pending at Time of Filing
September 9, 2014
Citizenship and Immigration Canada (CIC) has clarified that it is accepting and receipting work permit extension applications for positions requiring Labor Market Impact Assessments (LMIAs) while the LMIA applications are still pending. Where an individual’s work permit is to expire within two weeks, CIC will accept the extension application and hold open the file for two months to await the LMIA approval. If the LMIA is not approved within the two months, the application will be refused.
The CIC’s recent clarification means that employers can return to using a common practice in work permit extension applications, which the CIC recently indicated it would stop permitting, though employers are still generally advised to initiate the LMIA process as early as practicable.
What This Means for Employers
The new policy returns some flexibility to employers with regard to the timing of extension applications. However, employers are generally still advised to initiate the LMIA process as soon as practicable and ideally several months before the expiration of an employee's work permit to avoid processing complications.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
The CIC’s recent clarification means that employers can return to using a common practice in work permit extension applications, which the CIC recently indicated it would stop permitting, though employers are still generally advised to initiate the LMIA process as early as practicable.
What This Means for Employers
The new policy returns some flexibility to employers with regard to the timing of extension applications. However, employers are generally still advised to initiate the LMIA process as soon as practicable and ideally several months before the expiration of an employee's work permit to avoid processing complications.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
