The Immigration Depot

LMIA Validity and Duration of Employment as per the LMO

 

Updates from OB 152 (September 30, 2010) included. Note: As of May 19, 2009, HRSDC established a maximum six-month LMIA validity period (period during which an LMIA may be used to apply for a work permit). HRSDC will also no longer be granting LMIA extensions; instead, a new LMIA application will be required in every case.

 LMIA VALIDITY

The LMIA validity, or expiry date, is indicated on the LMIA under "Opinion Expiry Date". On the Employment Validation screen, the field Offer Valid To date is also known as the LMIA Expiry Date. This is the date by which a work permit application must be received by CIC or CBSA. Border Services Officers (BSOs) will finalize applications that have already been initiated overseas even if the LMO expiry date has passed – the missions will have ensured that the LMIA expiry date was still valid at the time of the initial application receipt. Since officers must verify the expiry date of the LMIA before processing a work permit application, concurrent processingthe processing of a work permit application that is pending receipt of a valid LMIAin most circumstances cannot be permitted.

 

Exception: For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks. The foreign national must provide CPC-Vegreville proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMIA. The application will be initialized and the processing fee will be applied. Applications will be held by CPCVegreville for two months (possibly more if a Quebec CAQ is required), after which a determination regarding the work permit will be made.

 

Applications received past the LMIA expiry date:

Work permit applications received with an expired LMIA should be refused as per Section 203 of the IRPR. Applicants initiating a work permit application at a POE are required to have a valid LMIA expiry date. If the LMIA expiry date has passed, the LMIA can no longer be used to support the work permit application. In certain cases where an employer has specific time lines for a short employment opportunity, HRSDC/SC may issue LMIAs that expire in less than six months.