Canada

Dual Intent LMIA

Canada Immigration

A Comprehensive Guide to Dual Intent LMIA

Dual intent is a concept in Canadian immigration law that allows foreign nationals to pursue permanent residency while holding a temporary visa, such as a work permit or study permit. This means that a foreign worker in Canada can apply for permanent residency while continuing to work under their LMIA-approved work permit.

In the context of LMIA applications, dual intent is generally not a factor in the assessment process. LMIA applications are evaluated based on the job offer and the labor market conditions in Canada. However, having an LMIA-approved job offer can support a foreign worker’s permanent residency application by demonstrating their contribution to the Canadian economy.

To be eligible for a dual intent LMIA, individuals must:

– Have a valid job offer from a Canadian employer
– Be eligible for a work permit
– Meet the criteria to apply for permanent residence in Canada through economic immigration programs such as the Federal Skilled Worker Program, the Federal Skilled Trades Program, or the Canadian Experience Class

Additionally, the employer must demonstrate that they have made reasonable efforts to hire Canadian citizens and permanent residents before offering the job to a foreign worker. They must also provide a detailed job description, pay a market wage rate, and meet other requirements established by Immigration, Refugees and Citizenship Canada (IRCC).

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