Understanding the Impact of the IRCC Strike on Work Visa Applications and LMIA

The recent strikes by Public Service Alliance of Canada (PSAC) have brought the immigration processing facilities, including those of Immigration Refugee and Citizenship Canada (IRCC), to a halt. This has created significant ramifications for those seeking work visas, particularly those who are awaiting the Labour Market Impact Assessment (LMIA). Let's delve into how these strikes affect the application process and what you should be aware of.

What is LMIA?

A Labour Market Impact Assessment (LMIA) is a process that employers in Canada must go through to determine if hiring a temporary foreign worker will have a negative impact on the Canadian labour market. Essentially, it's a required step before an employer can consider hiring a foreign worker and offer a job, followed by the aspiring foreign worker applying for a work permit.

Can I Apply for a Work Permit Without LMIA?

No, it is not possible to apply for a work permit unless you have a job offer from an employer in Canada and that employer has obtained a positive LMIA. The LMIA is the first and mandatory step in the process. Without a positive LMIA, you cannot proceed with your application for a work permit. Attempting to do so would be futile and misleading.

Current Status with the IRCC Strike

The IRCC strikes have had a significant impact on the processing of applications. While emergency passport services and other critical services are still being provided, all other immigration services are currently on hold. This means that any applications pending may face delays, and the timeframe for resolving your application may be longer than expected.

Even if your application is complete and meets all the requirements, a delay in processing could occur due to the ongoing strike. However, as long as your application is complete and all requirements are fulfilled, your application will not be rejected. The IRCC will communicate any necessary actions or missing information to you once the strike is resolved.

What to Expect Post-Strike Resolution

Given the current backlog and the recent closures, expect a considerable wait time once the strike is lifted. The return to normal operation will take some time, and you should be prepared for longer processing times. The backlog will need to be cleared, and normal processing procedures will resume, which will inevitably lead to delays.

Impact on Employers and Work Permits

Both the LMIA application and work permit application processes are closely tied. If your employer's LMIA application is delayed or not processed due to the strike, this would in turn impact your ability to apply for a work permit. Therefore, it is crucial for employers to be aware of these potential delays and plan accordingly.

It is also important to ensure that all application processes are handled legally and transparently. Attempting to work with companies that offer guarantees or charge for unverifiable services can lead to scams and delays. Stick to trusted legal channels to ensure the smoothest process possible.

Conclusion

In summary, the current IRCC strike has a direct impact on the processing of both LMIA and work permit applications. While your application will not be rejected, it may face significant delays. It is essential to stay informed about the strike's status and prepare for extended processing times. Always ensure that you are working with legitimate and transparent immigration service providers to avoid any potential scams.

Frequently Asked Questions

Q: Will my application be rejected due to the IRCC strike?
A: No, as long as your application is complete and meets all requirements, it will not be rejected solely because of the strike. However, you may face processing delays.

Q: How long will the strikes affect the processing time?
A: The duration of the delay depends on the length of the strike and the size of the backlog. Once the strike is resolved, expect a considerable wait time as the backlog is cleared.

Q: Can I still apply for a work permit without an LMIA?
A: No, you cannot apply for a work permit without a positive LMIA. The LMIA is a mandatory step and must be completed before applying for a work permit.