LMIA Case Study
1. Implied status and Job requirements
I've introduced PR and LMIA, however, getting these are more complicated. Because there are super many cases depending on people. Therefore, you need to study many cases.
Case 1.
Q.
John has a working holiday visa that expires after a week. He got sponsorship from present employer, already LMIA was approved and he is in the stage of waiting approval of work permit. Must he leave Canada until work permit approval?
A.
No. He don't need to leave. He can work continuously and legally until the result of application decided. Surely, working after decision, depends on the result.
It's because of 'Maintained Status'. It is also called as 'Implied Status'. This makes temporary residents maintain their status during visa processing time. Let's think using the case above. He is worker now and applied for work permit (working visa). When the present visa expires, he can maintain his status, which is worker, using implied status system. If he is student, then the maintained status will be student.
It usually gives applicants more time to work since officers often give them the work permit's issued date based on actual date when it's sent to applicant, not applying date. For example, If my visa expired at March, and work permit was approved at May, then I earned two months. It can help you to apply for PR earlier or to get more score in some cases.
Case 2.
Q.
Michale has been in college as a Co-op program. He took 6+6 program which means 6 months of study (study term), 6 months of work (work term). His program is hospitality. He has a 6 months of full-time work experiences as a server in his country. He've been working in the restaurant since his study permit started. Can he get work permit?
A.
Very first, Canadian government doesn't give work permit to everybody. They have their own criterion for the positions in the application for work permit. That is to say, there are requirements for getting hired as a specific position.
Let's assume that you search 'Food Service Supervisor' in Job Bank, you will see the same page as above. Click the Requirements.
You now can see the requirements. You may be able to ignore first one. Just look at the second one. To get work permit as a Food Service Supervisor, you must have at least one of these :
1. Completion of a community college program in related fields. (diploma from foreign university is not a problem.)
2. Several years of experience related to the position.
'Several years' is definitely iffy. For me, I recommend it as over 2 years. Using this information, analyze the Michale's case. First, summing up his work experineces.
a. 6 months (full-time) in his country
b. 6 months (part-time) during study term
c. 6 months (full-time) during work term.
Simply summing up of them would be 18 months. But, we need to distinguish full-time and part-time differently. Working 10 hours a week and 40 hours a week should be treated as different, right? So, I usually count part-time as half of period as full-time. For instance, 6 months of part-time is counted as 3 months of full-time. As a result, Michale's working experience is 15 months.
It's less than 2 years that I recommend. What should he do? Nothing. He took a 1 year program regarding hospitality. So it can support the short work experience. What if he took graphic design program? I would not be certain for approval. It is applied to other occupations, too. If you are intersted in getting work permit, you have to make your own plan well.
These days, I'm living too busy life. I don't have day off, I mean, work even on weekends. New tasks, physical tiredness, house issue are irritating me. I don't know whether I am doing well or not. Everytime I watch korean news, it bring me up to stay here because of dark future of the country.
I just wrote this essay cuz I had a lot on my mind when I went to bed. Thank you for reading.
