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Employer requirements for LMIA

amanmann

Full Member
Jan 20, 2019
34
0
Hello Friends,
I've been working part-time(my current status is student) for a start-up in Vancouver, BC for about 3 months. And they want to sponsor me so I can get a work permit and work full-time. But they are a small start-up, there are 3 partners and I'm the only employee. I've been told that the employer needs to offer me the average wage of $21.63 and they need to have at least 5 employees, is that true? Is there any workaround for me to get the work permit? Are there any other requirements I should be aware of?

Thanks
Hii there..i m in the same condition. Can you tell me how did it work ??
 

rxtve

Star Member
May 20, 2022
94
8
Your employer needs to obtain an approved LMIA in order for you to qualify to apply for a work permit. Yes - in order for the LMIA to be approved, your employer will have to be willing to pay you at least the average wage. They will also have to advertise the job for at least a month to prove no Canadians to be found for the role. Your employer will also have to pay a $1K fee.

I don't believe there is a rule that says they need to have a minimum number of employees - but I could be wrong.

More information about LMIAs can be found here: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

There is no work around to the LMIA process. Note that it make take 4-6 months to go through the process of obtaining an approved LMIA.
Hi, i have been looking through the forum and also on the official government website but can't seem to find an answer to this question:

If you are already working with a Canadian employer in Canada (<1) on a PGWP, how can they apply for an LMIA if they need to have the job posted for 1 month at least, considering you are already an employee? In other words, it's not like my employer had the posting up for a month before hiring me as part of the LMIA application - I am already working for them and requesting them to get an approved LMIA for my PR application. Does this make sense?
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Hi, i have been looking through the forum and also on the official government website but can't seem to find an answer to this question:

If you are already working with a Canadian employer in Canada (<1) on a PGWP, how can they apply for an LMIA if they need to have the job posted for 1 month at least, considering you are already an employee? In other words, it's not like my employer had the posting up for a month before hiring me as part of the LMIA application - I am already working for them and requesting them to get an approved LMIA for my PR application. Does this make sense?
Are they paying for the LMIA so you can get a closed work permit? If so they have to restart the recruitment process to show that no Canadian or PR has the education, work experience and language skills to do the job. That is the requirement. Tell your employer to go through the guidelines to make sure they are willing and eligible. Is the job high wage stream for your province?
 

rxtve

Star Member
May 20, 2022
94
8
my und
Are they paying for the LMIA so you can get a closed work permit? If so they have to restart the recruitment process to show that no Canadian or PR has the education, work experience and language skills to do the job. That is the requirement. Tell your employer to go through the guidelines to make sure they are willing and eligible. Is the job high wage stream for your province?
Hi, my understanding was that, in order to support my PR application, I can request my current employer to apply for an LMIA while I continue to work for them. Is that not the case?
It is not high wage stream yet but that may change with my salary change in the next 3 months. Right now, I am just below the threshold for my province
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
my und

Hi, my understanding was that, in order to support my PR application, I can request my current employer to apply for an LMIA while I continue to work for them. Is that not the case?
It is not high wage stream yet but that may change with my salary change in the next 3 months. Right now, I am just below the threshold for my province
So if low wage then can employer even file for LMIA with your area’s unemployment rate? What is your wage and province?
 

CanGoldDigger

Champion Member
Feb 17, 2024
1,018
261
Ottawa
Hi, i have been looking through the forum and also on the official government website but can't seem to find an answer to this question:

If you are already working with a Canadian employer in Canada (<1) on a PGWP, how can they apply for an LMIA if they need to have the job posted for 1 month at least, considering you are already an employee? In other words, it's not like my employer had the posting up for a month before hiring me as part of the LMIA application - I am already working for them and requesting them to get an approved LMIA for my PR application. Does this make sense?
There's a LMIA to support permanent residency. It's fee exempted and doesn't require a proof of recruitment process:
  • Your business has been operational for at least one year and is in good financial standing, which includes providing goods or services and being capable of paying salaries and fulfilling other employment terms for foreign workers.
  • Eligible occupations: TEER 0, 1, 2, 3 from the NOC. (TEER 0: Management occupations. TEER 1: Occupations typically requiring a university degree. TEER 2: Occupations typically requiring a college diploma, an apprenticeship training of 2 or more years, or supervisory roles. TEER 3: Occupations typically requiring a college diploma, apprenticeship training of less than 2 years, or more than 6 months of on-the-job training.)
  • Eligible programs: Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program.
  • Job offer wage: Must be equal to or higher than the median wage for the occupation in the job location, or the wage paid to other employees in the same job and location, if higher.
  • Job offer employment duration: Must be at least for one year after a foreign national becomes a permanent resident (considered permanent).