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Quebec immigrants: Streamlined Work Permit renewal amid immigration decision wait

Those foreign nationals who are currently residing in Quebec and who were selected by the province of Quebec through its Regular Skilled Worker Program or Quebec Experience Program may be eligible to have their work permits renewed without the requirement of undergoing a Labour Market Impact Assessment (LMIA) work permit.

During the time that your immigration application is being handled, you are required to obtain a valid work permit in order to continue working in Quebec if you already hold a Quebec Selection Certificate (CSQ).

If you have already submitted an application for permanent residency, you will need to follow a different set of steps in order to successfully renew your work permit when the time comes. If you have submitted an application for permanent residency in Canada, the kind of work permit for which you are eligible to apply will be contingent on whether or not you have received an acknowledgement of receipt (AOR) from Immigration, Refugees, and Citizenship Canada (IRCC).

Make an appointment with the Cohen Immigration Law Firm to receive a free consultation on obtaining a work permit.

If you already have the AOR, you are eligible to submit an application for a Bridging Open Work Permit. You are eligible to submit an application for a CSQ-based, LMIA-exempt, employer-specific work permit if you have filed for PR but have not yet obtained an AOR or if you have not yet submitted an application for PR. That’s a lot to take in, so please stay with us as we explain everything.

LMIA-exempt work permits do not require employers of foreign employees to get an LMIA, which is required for Temporary Foreign Worker Program (TFWP) work permits. This is because, as the name suggests, LMIAs are not required for LMIA-exempt work permits. LMIAs are used as evidence to provide to the Canadian government in order to prove that a foreign worker is not taking the place of a Canadian employee.

Work permits that are free from LMIA requirements can be obtained through the International Mobility Program (IMP), which aims to contribute to Canada’s broad social, economic, and cultural goals. In order to accomplish these goals, applicants for an IMP work permit are not required to provide either an LMIA or a Quebec Acceptance Certificate (CAQ).

Work permits that are particular to an employer are sometimes referred to as closed work permits since they are only issued to a single business. They stand in stark contrast to open work permits, which grant their holders the freedom to find employment wherever in Canada.

On the basis of a CSQ, who is eligible to apply for a closed work permit?
If a foreign national has an offer of employment in Quebec and falls into one of the following categories, they may be eligible for a work visa that does not require them to get an LMIA.

a holder of a Post-Graduation Work Permit (PGWP); a holder of a study permit who also has a co-op work permit; a holder of a work permit in one of the following categories through the International Experience Canada (IEC) Program: Working Holiday, Young Professionals, or International Co-op (Internship); or a holder of a closed work visa.
Your CSQ must still be within the 24-month validity period that it was issued, or you must have filed for PR before it expired, in order for you to be eligible for the LMIA-free work permit.

Since August 2, 2018, Quebec has stopped the practice of renewing CSQs. This is due to the fact that CSQs remain valid throughout the entirety of the permanent resident application process, even if the 24-month deadline has passed. Because of this, if you have already submitted an application for permanent residency, you may be eligible to submit an application for an LMIA-exempt work visa following the expiration of your CSQ.

This work permit is not available at any of the ports of entry in the country. It is primarily intended for those who are currently working in the province of Quebec. In order to be eligible for restoration, you need to be in possession of a current and valid work permit.

Your CSQ has to indicate that you are a skilled worker in Quebec and must contain one of the following codes in the skilled worker’s category of section 9 of your credential:

IQ = Workers Who Are Qualified
IP – Information Technology Workforce – Qualified Employees
IZ – PEQ IY – PEQ Employees Students I6 – Workers Art. 40 IU – Beneficiaries – Volet travailleur étranger
IR – Beneficiaries – Volet Diplômé du QC IX – Worker – Food Transformation IV – Artificielle Intelligence – Volet étranger travailleur IW – Artificielle Intelligence – Diplômé du QC IS – Travailleur – TI – Visual Effects
In addition to that, the IRCC requires that your company pay a compliance fee and provide them with an employment offer. If this is not addressed, your application will be denied.

LMIA

Who does not qualify? The following foreign nationals are not permitted to apply for a closed work permit based on CSQ standards:

Applicants for open work permits, including spouses or common-law partners; entrepreneurs and self-employed applicants, as they may be eligible for a different LMIA-exempt work permit to operate their business; and applicants with an offer of employment in a different occupation than what is specified in their CSQ.

Applicants for open work permits must be physically present in Canada as temporary residents in order to be eligible to apply for a work permit at a port of entry.

Employment permits are only valid for a certain time.
On August 24, 2020, the IRCC issued a temporary public policy that makes it possible for certain holders of visitor visas who have employment offers in Canada to apply for a work permit from within the nation itself.

Visitors visiting Canada who have had a work permit that is now valid during the last year are eligible to apply for a new work permit and request temporary authorization to work if they choose to do so.

To be eligible, a foreign national must demonstrate that they satisfy all the following requirements:

be in Canada; have filed an employer-specific work permit application using the Application to Change Conditions, Extend My Stay, or Remain in Canada as a Worker [IMM 5710]; have remained in Canada with status after filing the application; and submit the application before February 28, 2023. Those who do not meet all of these requirements will not be able to apply for a work permit.

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