Last November, I received an email “My work permit is expiring in January.”
Less than 8 weeks left.
Two month sounds like a long time. Rarely so in immigration.
Let’s not forget the holiday and new year season.
Worked holidays. Kept employer + employee looped.
Avoided: employer $X0,000 replacement costs.
Result: 3-year permit approved.
Immigration doesn’t wait.
But it wasn’t without its curveballs.
The employee had already exhausted other pathways.
The only alternative was a work permit supported by a Labour Market Impact Assessment.
Published LMIA processing times are not reliable. Numbers may be skewed to look good.
Government website said 60 days.
To align with IRCC’s requirement of 60 days to obtain a positive LMIA.
This is your maintained status runway.
In <8 weeks over the busiest holiday period, we have to:
- Obtain many sensitive company documents
- Justify the position
- Prove that you cannot hire Canadians or Permanent Residence
- Have the employer prepared and ready to join an interview with short notice from a decision making officer
- Prepare various back-up options should LMIA pass the deadline
- Prepare documents for the employee
Often without the employee’s knowledge, obtaining an LMIA demands significant effort from the employer, involving the manager, human resources, and even the accountant.
The immigration consultant must guide the employer and all stakeholders throughout the process. After securing the LMIA, preparing the work permit application is the next crucial step.
LMIAs take time for the employer, and for the immigration professional to prepare and for the government processing. It should be used as a last option. Not all employees are eligible.
Practical STEPS for employers and HR leaders
- Employment contracts should state that they can work with legal authorization.
- Whether or not you sponsor your employees’ work permits, maintaining a record of their permit expiry dates is helpful.
- SIN numbers beginning with “9” means the employee has temporary status and is neither a Canadian citizen or Permanent Residence.
- With many immigration policies in flux and varying government processing times. Work permits applications take time – it is best to learn about your options as soon as possible.
Disclaimer: this is not legal employment advice