Checking LMIA’s List Twice – Practice Tool via ATIP

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Checking LMIA’s List Twice – Practice Tool via ATIP

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The nature of an Labour Market Impact Assessment (“LMIA”), am often hundred  pages application, requires an accuracy superior to all other immigration applications. For many successful practices, including my own firm’s much attention is spent on ensuring every last page is accounted for and every last required information is filled out.

The consequences of submitting an incomplete application can be more than a hassle. Documentation may no longer be on file and as a result there could be challenges.

Employment and Skills Development Canada (“ESDC”) has internal policies relating to the Handling of Incomplete Paper-Based Applications. if the missing information is a minor element which can be obtained easily, the policy is for ESDC to contact the employer to remedy the situation. However, because of that incompleteness it is ESDC Policy (as of 21 August 2015) to immediately put it into regular processing. This could be very crucial for a Client/Employer who was expecting 10-day expedited processing and is dependent on one for an Employee/Contractor’s work permit

Many of you may have seen a letter such as this, information the Employer that the application has been deemed incomplete and has been subsequently shredded.

I figure, since we have access to it, that this may serve (in the interim, and as the law changes as it inevitably will) to be a good checklist for anybody prior to submitting to ensure they have included all the required documents and filled out all the appropriate forms.

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Please note that the above document was obtained independently  through Access to Privacy and Information. In sharing this document, I am not liable for its contents nor do I represent ESDC.

About Us

Will Tao is an Award-Winning Canadian Immigration and Refugee Lawyer, Writer, and Policy Advisor based in Vancouver. Vancouver Immigration Blog is a public legal resource and social commentary.

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