LMIA Delays Causing Work Permit Expirations

Canada’s blooming job market continues to attract several skilled foreign workers eager to contribute to the economy. However, an increasingly alarming issue that is putting both the foreign workers and employers in a difficult situation is the Labour Market Impact Assessment LMIA Delays. This severe restriction is causing serious consequences for employers and families.

Foreign workers who are working under specific employers have to rely on the timely renewals of the LMIA for their work permit. The processing time for the LMIA stretches beyond the expected time, causing a legal danger for workers, who are unable to work, and are often forced to leave the country. Employers also struggle to fill those roles. 

In this blog, we will break down the reasons these delays are happening and the options to safeguard your status during processing times. If you are the one facing similar kinds of issues, it is advisable to consult the certified immigration consultants of Canada Shaws. Our legal experts address your immigration and employment needs. Get your free LMIA consultation now!

Understanding LMIA Delays and Their Impact

Labour Market Impact Assessment is a document that Canadian employers need to hire any foreign workers. This document demonstrates the need for a foreign worker, and there is no Canadian employee to fill that position. These LMIA delays occur due to various administrative and systemic issues. Below are the key reasons.

• An increased demand for foreign workers has given rise to the number of LMIA applications. Especially in sectors that are facing labour shortages. As a result, the process has slowed down.
• Another major reason is the inaccurate or incomplete applications, which prolong the processing times.
• Some applications need deep scrutiny. Officers assess the job offers, wage level, and other factors deeply, causing a slower processing time.
• Some departments may experience backlogs during growing seasons, such as agriculture etc.
• LMIA processing times can vary, with some applications taking weeks and others taking months.

Work Permit Expiration Due to LMIA Delays

Understanding the LMIA work permit processing time is crucial for both employers and workers. One of the most serious consequences of LMIA delays is the work permit expiry. Many foreign workers apply for an LMIA before they apply for their new work permit. However, with increasing LMIA wait times and backlog, applications take too long to process. This causes the expiry of the work permit of foreign workers, putting them in a vulnerable state.

LMIA Delay and Work Permit Expiry: Who’s Most Affected?

LMIA delays leading to work permit expiry are stressful not only for the foreign workers but also for the employers who are dependent on them.

• Workers may lose their legal status, face unemployment, and in some cases, be made to leave the country.
• These LMIA delays affect the livelihoods and the lives of the foreign workers and their families.
• Employers also face serious setbacks due to LMIA delays. They can not onboard foreign workers until the approval of the LMIA.
• Some employers also face labour shortages if workers’ work permit expires due to LMIA delays.
• Vacant positions can result in the financial loss of businesses. These vacant roles result in fewer sales and less productivity, which causes reduced profit.

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What to Do If Your Work Permit Has Expired Due to LMIA Delay?

There are several options you can try in case your work permit has expired due to the LMIA delay.

• If you apply to extend your work permit before the expiry of your current permit, you can work under your implied status. This allows you to stay and work legally in Canada under the same conditions until a decision is made.
• You can apply for the restoration of your status. 
• You apply in the first 90 days after it expires. If you do this, you can stay in Canada.
• You can show that the LMIA delay caused the expiry.
• You have to stop working until you get approval.
• One more option is to change your status as a visitor while you wait for your LMIA decision. However, you can not work or study.
• If your LMIA decision was delayed, and meanwhile your work permit expired, you could lose your status.

Employer Responsibilities During LMIA Delays

• When an LMIA application is delayed, it is the ethical and legal responsibility of the employers to keep their employees informed, especially when the delay can affect the employment and legal status of a foreign worker.
• Employers should notify the workers immediately if there is a request for more documents from Employment and Social Development Canada.
• If a foreign worker’s work permit is close to expiry, an employer should provide a job letter and help regarding the submission of a new work permit application.
• Employers should ensure full cooperation with immigration authorities and consult a legal expert to navigate the complexities of LMIA delays.

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How to Avoid Work Permit Expiry Amid LMIA Delays

LMIA delays are very common these days. These delays can be more frustrating when foreign workers face the danger of losing their status in Canada. However, taking proactive steps can save you from trouble.

• If your current work permit is about to expire, apply for the extension before expiry. 
• If your LMIA is in process, attach a letter of explanation showing the proof of submission.
• Starting the LMIA process early is key. It gives you enough time to deal with unexpected problems and submit a strong application.
• Keep tracking the processing times for LMIA and work permit extension. It will help you explore backup options.
• Bridging Open Work Permit (BOWP) is another option for those applicants who have applied for permanent residence. This allows them to stay and work in Canada when the application is in progress, regardless of LMIA delays.
• It is advisable to consult the right immigration consultant in Canada.

Canada Shaws: A Team Of Canadian Immigration Experts

Navigating the complexities of LMIA delays can be exhausting and overwhelming. However, seeking help from certified and expert legal advisors can make a significant difference. Our immigration experts address not just your immigration but also your employment needs. After assessing your situation, we can recommend a strategic solution. Our legal advisors help you maintain or restore your status if your work permit expired due to LMIA delay, and communicate with IRCC or ESDC on your behalf. You can book a free consultation to get our experts’ guidance.

Final Thoughts: Navigating LMIA Delays with Caution and Strategy

LMIA delays in work permit expiry cases are becoming increasingly common in the Canadian immigration system. They can have serious consequences for both employers and foreign workers.

The key solution is to stay proactive, make early preparations, and take strategic actions. Employers should begin the LMIA process in advance. They should stay transparent throughout the process. Foreign workers, in return, have to stay vigilant about work permit expiry and permit restoration. Seeking help from trusted and authentic immigration experts in this fast-evolving immigration system is of great help.

You can work in Canada as a newcomer by following the steps mentioned above and seeking help from the work visa consultants of Canada Shaws.