Refugee claiment to LMIA

[Selva905]

Hi I'm in refugee claiment status ( appeal in federal court) if I withdraw my application from federal and apply for LMIA?

 

[scylla]

Hi I'm in refugee claiment status ( appeal in federal court) if I withdraw my application from federal and apply for LMIA?

Nope. Unfortunately not possible.

To qualify for a work permit under an LMIA, you need to have valid status in Canada. Refugee claimants are not classified as having valid status in Canada.

Withdrawing your refugee claim will trigger a removal order.

 

[Selva905]

But if I withdraw my application and back to my home country after that I can apply for LMIA or PNP? Is that possible?

 

[scylla]

But if I withdraw my application and back to my home country after that I can apply for LMIA or PNP? Is that possible?

LMIA + work permit will be difficult and the work permit likely will not be approved due to the fact that you previously claimed refugee status in Canada.

Applying for PR through PNP is certainly possible. Once the PNP application is fully processed and approved and your PR visa is issued, you'll be able to return to Canada. You should expect this will likely take a couple of years.

 

[Selva905]

But during in refugee claiment status I can't apply for LMIA?

 

[scylla]

But during in refugee claiment status I can't apply for LMIA?

The employer can certainly apply for an LMIA while you are a refugee claimant.

 

[Selva905]

Yes?

 

[Selva905]

D

The employer can certainly apply for an LMIA while you are a refugee claimant.

yes is that possible. And I have a own small business too is there is any options?

 

[scylla]

D

yes is that possible. And I have a own small business too is there is any options?

No options that would allow you to withdraw the refugee claim and remain in Canada.

Any options involving LMIAs require you to leave Canada and likely be outside of Canada for a couple of years.

 

[Selva905]

No options that would allow you to withdraw the refugee claim and remain in Canada.

Any options involving LMIAs require you to leave Canada and likely be outside of Canada for a couple of years.

Thank you for your reply

 

[Simba112]

Yes?

NO. You can not...After your refugee claim, you cease to become temporary resident and lose requirement for In Canada LMIA. Applying from outside of Canada will also be difficult because of failed refugee claim record

As per R202 of IRPR, applicants who are issued a work permit under section R206 do not, by reason only of being issued a work permit, become temporary residents.

 

[Selva905]

NO. You can not...After your refugee claim, you cease to become temporary resident and lose requirement for In Canada LMIA. Applying from outside of Canada will also be difficult because of failed refugee claim record

As per R202 of IRPR, applicants who are issued a work permit under section R206 do not, by reason only of being issued a work permit, become temporary residents.

What about PNP?

 

[Simba112]

What about PNP?

Refugee Claimants and Asylum Seekers are not eligible for PNP Streams.

 

[Selva905]

Refugee Claimants and Asylum Seekers are not eligible for PNP Streams.

Even if I withdraw my application and leave the canada is not eligible for PNP?

 

[Simba112]

Even if I withdraw my application and leave the canada is not eligible for PNP?

Why are you considering withdrawing your appeal before high court prior to final determination?